GULLIPALLI SRINIVAS Vs. GULLIPALLI PYDITHALLI

JUDGEMENT

(1.) Husband is the appellant before us, who is aggrieved against the order of the lower Court in OP No.12 of 1994 dated 25-3-1994.

(2.) The appellant/husband had filed the said OP on the file of the Court of Subordinate Judge, Rajahmundry under Section 13 of the Hindu Marriage Act, 1955 seeking to dissolve the marriage between the parties on the ground that the wife had withdrawn from the society of the husband without reasonable grounds. Before the lower Court it was alleged by the appellant/husband that his marriage with the respondent took place on 25-5-1991 at Rajahmundry, that they lived as wife and husband for about seven months without any hiccups and that thereafter she went away to her parents house and stayed back with her parents without any reasons. On this allegation the petition was laid beforethe lower Court seeking divorce by dissolving the marriage between the parties on the ground of desertion.

(3.) The wife, though notice was served on her, failed to make her appearance before the Court and was set ex parte on 7-3-1994. The appellant/petitioner was examined on 21-3-1994 and Exs.A1 to A7 were marked on his behalf. The lower Court on the basis of Ex.A2 notice issued by the appellant requiring the wife to settle Rs. 16,000.00 as promised by her parents during the period of marriage, held that it is the appellant alone who is responsible for the wife's leaving his society as he was demanding Rs. 16,000.00 to be paid to him and, therefore, it held that wife cannot be held to be responsible for keeping away from his society and dismissed the application. This is the decision which is challenged before us.