T YADAGIRL Vs. BHAGYAWATHI

JUDGEMENT

(1.) This appeal is filed against the dismissal of O.P.No.l of 1991 by the III Additional Judge, City Civil Court, Secunderabad filed under Sec. 13(l)(ia) of the Hindu Marriage Act, 1955 (hereinafter referred to as "the Act") by the appellant herein seeking divorce on the ground of cruelty.

(2.) Appellant herein is the husband and the respondent herein is the wife. Their marriage took place at Hyderabad on 13-5-1989. At me time of marriage, the appellant was working as Instructor in a Central Government Organisation and was living with his brother T. Rajaiah and his family in a rented house. It was the case of the appellant before the lower Court that immediately after their marriage, the respondent joined his society. Though mere were no problems for some time, but later on, she took up quarrels with the appellant, his elder brother and his wife. This led to anarchy in the household affairs. The respondent became pregnant. On 19-1-1990 the respondent was advised by Dr. Rama to go for scanning test, and accordingly the appellant took the respondent to Mahavir Hospital on 2-2-1990 where scanning test was conducted and in the said testitwas revealed that the respondent was carrying a child already died. However, at the instance of the parents of the respondent, it is alleged that she was taken to Woodland's Hospital on 3-2-1990 where she underwent abortion.Later on, the respondent was discharged on 5-2-1990 from the hospital.

(3.) It is alleged by the appellant that shifting of the respondent from Ratna Hospital to Woodland's Hospital is not made known to him and the abortion was carried without his knowledge. The appellant contended that the respondent was influenced by her parents and she was taken to their residence without his knowledge. It is further alleged by the appellant that despite his efforts to bring her back to his house, the respondent failed to show any inclination to join his society and therefore, the appellant was forced to use the good office of caste-elders as well as some Manila Associations. Despite his efforts, it is stated that the in-laws of the appellant beat him on 6-1-1991 and the appellant also lodged a police complaint in this regard.