(1.) This appeal has arisen out of order dtd. 27/1/2011 delivered in O.P. No.853 of 2007 (O.P) on the file of the Court of Judge, Additional Family Court, Hyderabad. The appellant is the petitioner and the respondent herein is also the respondent in the O.P. For convenience, the parties hereinafter are referred to as they are arrayed in the O.P.
(2.) The petitioner filed O.P. under Sec. 11 read with Sec. 6 of the Hindu Marriage Act, 1955 (the Act) praying the Court to declare his marriage with the respondent as null and void.
(3.) It is necessary to note briefly the respective claims made by the parties, before going into the merits of the case. The petitioner claims that he married the respondent on 14/5/2003 as per the Hindu rites and customs, but it was not consummated for four years. The respondent voluntarily left him without giving any prior intimation to him or his family members. Several efforts were made by him, his family members and local panch members prior to 20/8/2007 to bring back the respondent to the matrimonial home, but she did not return back. On the other hand, the respondent filed O.P.No.423 of 2004 claiming Rs.5,00,000.00 towards maintenance against him. In that O.P. she stated that she would not live with the petitioner, which was in fact disposed of in his favour. Hence, he pleaded for the annulment of the marriage.