KATIKALA GANGADRI Vs. KATIKALA RAMANAMMA

JUDGEMENT

(1.) THIS Civil Miscellaneous Appeal is filed, under Section 28 of Hindu Marriage Act, 1955, by the petitioner in O.P.No.9 of 2005 on the file of the learned Senior Civil Judge, Kadiri against order and decree dated 31.08.2005. He filed the said O.P. for dissolution of marriage with the respondent which was solemnised on 26.09.1993. By the aforesaid order and decree, the trial Court, while dismissing the O.P, awarded a sum of Rs.600/ - per month towards maintenance to the respondent. Aggrieved by the same, the present appeal is filed.

(2.) THE case of the appellant herein is that his marriage with the respondent was solemnised on 26.09.1993 at Kasiviswanathaswami Temple at Dharmavaram according to Hindu rites and caste custom and immediately the respondent joined him and both of them lived together. It is stated that the marriage was consummated, but no children were born out of their wedlock and they lived together in the house of the appellant till the end of December, 1994 at Thippaiahgaripalli. It is alleged that the father of the respondent who is working in Sericulture office was transferred in the month of January, 1995 to Kadiri from Dharmavaram; at that time, the respondent visited the house of her father and she did not return to the appellant in spite of his repeated requests. It is alleged that, on the other hand, the respondent has been insisting the appellant to set up family at Kadiri and refused to join him. It is alleged that repeated requests made by the appellant apart from panchayat convened to join him were also not fruitful. Alleging desertion on the part of the respondent from the year 1996, the appellant filed the O.P seeking dissolution of marriage by way of grant of decree of divorce.

(3.) THE respondent filed counter, before the Court below, denying the allegations made by the appellant herein, stating that after the marriage, she joined the company of the appellant and was discharging her duties sincerely. She further stated that during their wedlock, she gave birth to four male children and one female child, but all of them died due to the carelessness and irresponsibility in maintaining them. The respondent alleged that the appellant had been demanding to bring further amount of Rs.50,000/ - from her father towards dowry and father of the respondent also approached the appellant along with elders to convince him, but he was reluctant to take back the respondent to lead conjugal life.