PATTA DHANALAKSHMI Vs. PATTA RAMACHANDRA RAO

JUDGEMENT

(1.) This appeal is directed against the judgment in OP No. 41 of 1989 dated 11-11-1994 on the file of the Court of the Principal Subordinate Judge, Visakhapatnam.

(2.) The appellant is the wife while the respondent is the husband. The respondent-husband instituted OP No.41 of 1989 under Section 13(1)(i) of the Hindu Marriage Act praying the Court to grant decree of divorce against the appellant-wife on the ground of adultery.

(3.) In the petition filed by the respondent-husband it was alleged by him that he married the appellant-wife on 26-5-1983 at Jami village as per the Hindu rites and custom and he set up his house at Visakhapatnam where both of them lived together. He is a lame person, permanently handicapped. The marriage was consummated, and he came to know that the appellant-wife had undergone abortion prior to the marriage. He questioned the lapse on the part of the appellant-wife. The appellant-wife admitted the lapse but pleaded that she would rectify the mistake and live amicably with him. Since he is a lay man and after getting assurance from the appellant-wife that she would remain faithful to him in future he did not raise this dispute before the Court or the elders.