A V JANARDHANA RAO Vs. M ARUNA KUMARI

JUDGEMENT

(1.) The appellant who is the husband of the respondent, has filed this appeal aggrieved by the orders passed by the Family Court, Hyderabad in O.P. No. 1 of 1997 dated 16-12-1998.

(2.) The appellant moved the Family Court at Hyderabad by presenting a petition under S. 13(1-A)(i) of the Hindu Marriage Act, 1955 for dissolution of his marriage with the respondent on the ground that there was no resumption of cohabitation between the parties to the marriage for a period of one year and upwards after passing of a decree for judicial separation.

(3.) For the purpose of convenience, the parties are addressed as petitioner and respondent as arrayed in O.P. No. 1 of 1997.The brief allegations in the petition, O.P. No. 1 of 1997 are as under :The petitioner was judicially separated from the respondent since 23/12/1995 pursuant to the order passed by the Family Court at Hyderabad in O.P. No. 358 of 1995 filed by the respondent-wife. According to the petitioner, the decree for judicial separation though was passed on 23-12-1995 by the Family Court, there has been no resumption of cohabitation between him and the respondent since that date till 28-12-1996, the date on which the petition for dissolution of marriage was presented in O.P. No. 1 of 1997 before the Family Court, Hyderabad. The petitioner also alleged that the respondent deserted him on 1-2-93 itself and had been cruel towards him all along and after desertion he has been residing separately in the house bearing No. 1-8-139/2 of Golnaka at Alwal near Alwal Railway Station, Secunderabad for the past one and a half years. He further alleged that the respondent-wife is not at all interested in cohabitation with him and despite his making efforts for reconciliation, she determined not to lead marital life with him as reflected from the orders passed by the Family Court in O.P. No. 358 of 1995 dated 23-12-1995.