LAWS(APH)-1986-2-26

K V LAKSHMI Vs. K P SITARAMA KRISHNA

Decided On February 19, 1986
K.V.LAKSHMI Appellant
V/S
K.P.SITARAMA KRISHNA Respondents

JUDGEMENT

(1.) This is a matrimonial cause The wife is the appellant against a decree for divorce granted by the trial court on tha application by the husband

(2.) We shall notice the pleadings and the findings first and we refer in this judgment the husband as petitioner and wife as respondent.

(3.) It is stated in the petition that the marriage took place on 21-5-1975 and the respondent came to the house of the patitioner and the parents of the petitioner were living at Panjagutta whereas the parents of respondent were residing at Malakpet hoth in the city of Hyderabad and the respondent stayed In tha house of the ostitioner for nine days and thereafter left for her parents house when her father took har as it was Ashadha Masam but thereafter she did not return but the father of the respondent spread false rumours against the petitioner in the office in which the petitioner was working and the petitioner discovered that tha respoident and her father ware particular about severing the connections with his parents. The patitioner was working at Sangareddy in the year 1975 The wife is not willing to come and join him at the place where his parents are living and the request of the petitioner to ssnd his wife was not heeded by her parents and they positively refused to send her to the petitioner's house at Panjagutta and the wife did not reply to the letters requesting her to come and she even refused and neglected to join him when the petitioner was transferred to Hyderabad from Sangareddy and a scene was created where she refused to come to the house of the petitioner in return journey from Sangareddy to Hyderabad. She was always quarrelling over petty matters saying that petitioner was unworthy of her, that her father is richer than the petitioner and the petitioner is incapable of providing the comforts to her. In return journey from Sangareddy she got from the taxi at Panjagutta colony and went to his parents house and within a short time the respondent's father came with the Police to the petitioner's house accusing that they abducted and forcibly confined the respondent when the truth being the respondent went to the house of one Mohan Rao a friend of her father and due to this incident the petitioner was put to mental agony, pain and domestic unhappiness and subsequent efforts of compromise were of no avail and in the year 1977 the petitioner and the wife went to Tenali and stayed there for some time in the house of their relative T. Subrahmanyam and there also their stay was not happy as the wife is always keen on separation. The petitioner was transferred to Vijayawada in May, 1977 and he was there till April 1978. There also their relations were not happy as the wife insulted him in the presence of her father saying that he is imcompetent and incapable person and she was regularly threatening to go back to her place and the only reason attributed for the behaviour of the wife was that she was illtreated by the petitioner and his family members which is totally false and the conduct of the wife is such that she was totally indifferent towards the husband, irresponsible in the matter of domestic duties, indecent in language and insulting him at every stage and since 1978 the petitioner made several attempts to compel! her to join her after his return from Vijayawada also. It is stated that except for a few days at Sangareddy and eleven months at Vijayawada the parties were never together as husband and wife in normal way and it is also alleged that he was denied the pleasure of marital life in his youth and had been forced to forego marital life and the respondent also refused to have cohabitation with the husband and it is alleged that "she toid the petitioner to find another woman stating that he is not fit for her." It is also avarred that the petitioner and her parents insulted him and hence a decree for divorce was sought stating that the conduct of the wife constitutes cruelty and also desertion.