SURABHI MADHAVA REDDY Vs. SURABI CHANDRAKALA

JUDGEMENT

(1.) The Appeal arises out of an order dtd. 28/7/2014 passed by the learned Additional Family Court at Hyderabad in O.P.No.518 of 2011. The appellant's petition for divorce under Sec. 13(1)(ib) of the Hindu Marriage Act, 1955 (for desertion) was dismissed by the Trial Court.

(2.) The appellant is the husband and respondent is the wife. It is stated in the O.P. that the marriage of the appellant with the respondent was performed on 14/5/1983 as per Hindu rites and customs and out of lawful wedlock, they were blessed with a son. The appellant and respondent lived happily for a period of one year thereafter, the respondent has filed dowry harassment case against him and his family members, thereby, the appellant was forced to live separately at Hyderabad. The respondent filed MC.No.7 of 1992 against the appellant and an ex parte order was passed. Since 14/10/1992, the appellant is paying maintenance of Rs.1,000.00, a part from that he is also paying Rs.2,000.00 towards maintenance in a Civil Suit. The appellant and the respondent were living separately since 1991 without any reasonable ground. The respondent has refused to live with the petitioner. The son of the parties is aged about 26 years and he is hale and healthy, prayed to dissolve his marriage on the ground of desertion.

(3.) The appellant is examined as PW.1 and also examined his mother as PW.2, got marked Exs.A1 to A11. The respondent is examined as RW.1 and no documents are marked on her side.