V. PAVANAMANJARI Vs. V. MANOJ KUMAR

JUDGEMENT

(1.) This Family Court Appeal (FCA) is filed by the respondent in FCOP No.37 of 2014 on the file of the Judge, Family Court -cum- V Additional District Judge, Tirupathi, Chittoor District (for short 'the Family Court'), against Order and Decree, dated 31-08-2016, passed therein.

(2.) During the hearing of this case, we have tried to reconcile the dispute between the parties. Though the appellant has expressed her strong desire to live with the respondent, the latter was unwilling to take her back by stating that he has suffered untold miseries at her hands and that therefore, he is in no position to accept her offer. Therefore, left with no option, this Court has heard the case in order to adjudicate the case on merits.

(3.) The respondent filed the aforementioned OP seeking a decree of divorce under Sec. 13 (1) (ia) and (ib) of the Hindu Marriage Act, 1955 (for short 'the Act'). His averments in brief are that his marriage with the respondent was solemnized on 24-08-2008 at Thondavada Village as per the Hindu rites. Though the marriage was duly consummated, no children were born out of their wedlock. After the marriage, the appellant joined the respondent at her matrimonial house. Since the date of marriage, the appellant did not cooperate with the respondent to lead marital life. She used to compare herself with the respondent and belittle him by stating that she has completed teacher training course whereas the respondent has passed only intermediate and that, had she married any other person, her life style would have been different. The appellant used to quarrel with the respondent and his family members without any reasonable cause. She never used to prepare food in the house and attend to the household work. She used to defame the respondent in the presence of others. As the appellant was unwilling to stay along with the parents of the respondent, the latter was forced to set up a separate family to avoid the obligations. Even thereafter, the appellant did not change her attitude and she used to sit idle by watching television without attending to the household work. The respondent was working as a daily labourer at that time and the appellant used to lavishly spend his earnings. The appellant used to leave the matrimonial home and join her mother's house at Tirupathi without the respondent's knowledge. The mediation held by the elders viz., Purnachandra Reddy and Vijayagopal Chetty at the instance of the respondent went futile. Even after mediation, the appellant did not change her attitude and used to frequently quarrel with the respondent without any justifiable cause and openly proclaim that she is going to give divorce to the respondent. Finally, on 27.12.2008, the appellant has left the matrimonial home and stared living separately without cohabitation.