SULOCHANA Vs. M. RAMACHARI

JUDGEMENT

(1.) Since both these Family Court Appeals arise out of common order, dated 07.8.2009, in O.P. Nos.124 of 2006 and 16 of 2007 on the file of the learned Judge, Family Court, Hyderabad, between the same parties, they are heard and being disposed of together.

(2.) For convenience, the parties are hereinafter referred to as they are arrayed in F.C.A. No.261 of 2009.

(3.) The appellant is the legally wedded wife of the respondent. Their marriage was solemnised on 04.07.1969 as per Hindu customs and rites. The marriage was consummated. As the couple could not beget issues, they have fostered a female child called Mithila. Due to certain differences between the couple, they started living separately from the year 1990. The respondent permitted the appellant to live on the ground floor portion of his house at Yellareddyguda. The respondent retired as Divisional Engineer of the erstwhile APSEB in the year 1999. The respondent permitted the servant maid-Laxmi to live with him. The appellant alleged that the respondent had developed illicit relationship with the said Laxmi and they started living together as man and wife. In this scenario, the respondent filed O.P. No.124 of 2006 for dissolution of his marriage with the appellant. The appellant on the other hand filed O.P. No.16 of 2007 for perpetual injunction restraining the respondent and persons claiming through him from interfering with her peaceful possession and enjoyment of the property bearing No.8-3-720/14, admeasuring 260 square yards comprising ground and first floor situated at Yellareddyguda, Ameerpet, Hyderabad. Both these O.Ps were tried together and common evidence was recorded. The respondent has examined himself as P.W-1 and got no documents marked. The appellant has examined herself as R.W-1 and also examined R.Ws.2 to 4 and got Exs.R-1 to R-7 marked. The Court has marked Ex.C-1- joint photograph of the appellant and the respondent.