ANAGALLA PADMALATHA Vs. A SUDERSHAN RAO

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed against the judgment in OP No. 1115 of 1995, dated 28-8-1996 on the file of the Family Court, Hyderabad.

(2.) The wife is the appellant. The husband filed the OP under Sections 13(1)(ia) and 13(1)(ib) of the Hindu Marriage Act for divorce on the grounds of cruelty and desertion.

(3.) The brief facts of the case are as fol-lows : The petitioner and the respondent were married on 7-4-1983 as per Hindu rites and customs. After the marriage, they lived together till 1985 and they were blessed with a female child. During the said period, the respondent used to quarrel with the petitioner very often and ill-treated him causing mental and physical agony to the petitioner. In 1985, she went to her parents' house for delivery. The female child was born on 16-3-1985. The birth of the female child was not informed to the petitioner. On 5-10-1986, there was a mediation by the caste-elders, pursuant to which, the respondent joined the petitioner and stayed with him for 2 or 3 months. Thereafter, she went to her parents' house without the knowledge and consent of the petitioner. Finally, she left the petitioner once for all taking all the gold jewellery etc. She filed a criminal complaint under Sections 498-A and 420-A, IPC, which resulted in the acquittal of the petitioner. Thereafter, she also filed MC No. 11 of 1990 on the file of the IV Metropolitan Magistrate, Hyderabad, in which maintenance was already awarded to the respondent as well as the child. Hence the petition for divorce.