(1.) This appeal is preferred by the appellant against order dtd. 22/3/2011 made in O.P.No.53 of 2009 on the file of the Family Court, at Secunderabad, whereunder, the learned Judge dissolved the marriage of appellant and respondent. The appellant is wife and the respondent is husband. The husband filed O.P.No.53 of 2009 for dissolution of marriage under Sec. 13(1) (ia) and (ib) of Hindu Marriage Act, 1955 (for short 'Act, 1955') on the grounds of cruelty and desertion. Challenging the impugned order, the wife who is respondent in O.P., filed the present appeal.
(2.) The brief facts of the case as per the said O.P., are that the appellant and respondent got married on 27/4/1990 at Ponnur as per the Hindu rites and customs. On 3/9/1993 they were blessed with a male child. In the year 1996 appellant left to her parents' house during her fifth month pregnancy and later they were blessed with the second male child. The appellant and her parents taking advantage of the prior relationship with the respondent started abusing the respondent and caused mental agony to him. Even then, the respondent, with all patience bore things but the appellant left the house in the year 2000. After the intervention of elders, the appellant joined the respondent in the year 2004. In the year 2004 the parents of respondent died. Later, the appellant left respondent in March 2006 and filed criminal case against him in C.C.No.123 of 2006 under Ss. 323, 509 and 506 of Indian Penal Code (for short 'IPC'). On 25/4/2006 the respondent gave notice to appellant.
(3.) On behalf of appellant/respondent therein, counter was filed denying the material allegations. She contended that they lived together happily for ten years and after that her husband got addicted to bad vices and was irresponsible towards the family. In spite of counseling by the elders, the respondent did not change his behavior. She alleged that respondent developed illicit intimacy with one Nagamani, neglecting the family. He also tried to take away her life with children by putting gas stove on leakage and threatening to pour kerosene and lit the fire. She was rescued with the help of relatives. Even then the respondent continued to harass appellant and necked her out along with children on 21/1/2007. Thereafter, she filed Pre Litigation Case No.15 of 2007 and DVC No.3 of 2007 with a hope of conciliation but the respondent did not turn up and the same was closed.