CHALLA SURYA PRABHA Vs. CHALLA DIVAKAR VENKATA RAM

JUDGEMENT

(1.) These two appeals are preferred by the respondent (wife) in H.M.O.P.No.135 of 2002 and petitioner in H.M.O.P.No.170 of 2002 on the file of the II Additional Senior Civil Judge, Kakinada (hereinafter will be referred as ‘trial Court'), challenging the common order dated 23.08.2005, where under, the petition filed by the wife, i.e., H.M.O.P.No.170 of 2002, under Sec. 9 of the Hindu Marriage Act, 1955 (for short, ‘the Act') was dismissed, while allowing the petition filed by the husband, i.e., H.M.O.P.No.135 of 2002, under Sections 13(1)(ia) and 13(1)(iii) of the Act by dissolving the marriage between them.

(2.) For convenience of reference, the ranks given to the parties before the trial Court in H.M.O.P.No.135 of 2002, as petitioner-husband and respondent-wife, will be adopted throughout the judgment.

(3.) The petitioner-husband filed petition under Sections 13(1)(ia) and 13(1)(iii) of the Hindu Marriage Act, 1955 seeking decree of divorce on the ground of cruelty and also on the ground that the respondent-wife is suffering from mental disorder, alleging that the marriage between them was performed on 03.11.1995, but there was no monetary transactions between the parties either before or after the marriage. Soon after the marriage, the respondent-wife joined the petitioner-husband to lead marital life at Dowlaiswaram. But neither the parents of the respondent-wife nor her sisters followed her for Dowlaiswaram as a matter of custom.