PADMAKLRAN RAO Vs. B VENKATARAMANA RAO

JUDGEMENT

(1.) JUDGMENT

(2.) THIS appeal under Section 28 of the Hindu Marriage Act is directed against the judgment in O.P. No.311 of 1993 on the file of the Additional Subordinate Judge, R.R. District, whereby he dismissed the petition filed jointly by the appellant and respondent under Section 13-B of the Hindu Marriage Act, for granting divorce. The respondent has been residing in United States since the year 1987 and it seems he is employed there. The marriage took place on 19-8-1992. Unfortunately, just within a few days after the marriage, there was disruption in marital life and estrangement between the parties. It is averred in the petition that the marriage was not consummated and the respondent left for United States on 24-8-92. One year thereafter, a joint petition was filed under Sec.l3-B of the Hindu Marriage Act seeking divorce on the basis of mutual consent. The petition was verified at Hyderabad on 20th August 1993 by both parties and it was presented on the same day. The parties were represented by the same Counsel. As required by sub-section (2) of Section 13-A, the petition was posted for enquiry on 25-6-1994 i.e., after six months. At the enquiry the appellant herein (wife) examined herself and she reiterated her desire to get divorce. However, the respondent could not be present as he is residing in United States. At the same time, an affidavit signed on 22nd February 1994 and affirmed in the presence of a notary public was filed by the respondent. The respondent made it clear that the marriage had irretrievably broken down, that there are no mutual obligations or claims against each other and sought an order dissolving the marriage.