CHIRANJEEVI Vs. LAVANYA SUJATHA

JUDGEMENT

(1.) This is an appeal filed by the husband aggrieved by the judgment and order passed by the Principal Sub-Judge, R.R. District, Saroornagar on 19-10-1995 in O.P.No.104 of 1992 rejecting his application filed under Sec.l3(l)(i-a) of the Hindu Marriage Act, 1955 seeking dissolution of the marriage with the respondent-wife, namely, Smt. Lavanya alias Sujatha.

(2.) The appellant and the respondent are husband and wife. Their marriagewas solemnised on 1-8-1990 at Lalaguda, Secunderabad as per Hindu rites and customs. The said marriage was an arranged one. It is the case of the appellant-husband that after the marriage the parties lived together at Malkajigiri. Later, some trouble started between them and thereafter the respondent-wife used to visit her parents' house often without informing her husband and used to insist him to leave the joint family house of his father and take a separate house. It is also his case that the respondent-wife was unwilling to prepare food for his parents. When the demands of the respondent-wife were not heeded to, it is alleged, she approached one of her relatives Sri K. Narayana who was a retired D.S.P. and working as a Special Magistrate at Secunderabad. It is also alleged that the said relative of the wife Sri K. Narayana beat the appellant-husband along with some anti-social elements. It is further alleged that the wife deserted him. Later, she gave birth to a child. According to the appellant, the paternity of the child is doubtful. The respondent-wife filed a maintenance case against the husband and also a criminal complaint under Sec.494-A (sic. 498-A) of I.P.C. and it was published in the Telugu daily 'Udayam' that the appellant was harassing the respondent for dowry. It is stated that for the said acts of the wife the appellant-husband suffered mental agony and torture and therefore sought divorce on the ground of desertion and cruelty.

(3.) It is the case of the respondent-wife that the husband was ill-treatingher and his intention is to get rid of her so as to marry a second time to get more dowry. According to her, the appellant used to visit night clubs and he is in the habit of drinking and spending lavishly and used to force her for financing on one pretext or the other. Thus urging, she sought the dismissal of the petition filed for divorce.