SILIVERU VENKATESHWARLU, NALGONDA Vs. SILIVERY RAMBAI , VEERIJALA RAMBAI

JUDGEMENT

(1.) The present CMA is filed by the unsuccessful appellant/husband aggrieved by the order passed by the learned Senior Civil Judge at Suryapet vide orders passed in O.P.No.43 of 2008 dtd. 24/6/2011, which is filed under Section 13(1)(ia) of the Hindu Marriage Act, 1955 (for short 'the Act') holding that the appellant is not entitled for any relief of divorce and the petition for divorce is dismissed.

(2.) The facts leading to file O.P.No.43 of 2008 before the learned Trial Court are that the marriage between the appellant and respondent was performed on 21/9/1984 before the Registrar Office at Hyderabad and that the appellant belongs to B.C. Community whereas the respondent belongs to S.C. Community. The appellant contended that at the time of marriage, the appellant being the final year student of Degree college, followed the respondent who was posted as village assistant in Tahsildar Office, kodad. Both the appellant and respondent started their life in a small room at Kodad. The parents of the appellant forced him to shun the respondent, who is S.C. community lady, but due to love and affection, the appellant refused to do so and once again ceremonial marriage was performed between the appellant and respondent on 05.10.1984 in a Temple at Ramasamudram of Munagala village and Mandal. Pursuant to the marriage, the respondent/wife gave birth to a male child on 31.10.1985. Thereafter, differences arose between the parties. It was contended that the respondent started harassing the appellant by attributing illegal contacts with known persons who used to come to the appellant frequently and caused mental agony to the appellant.However, he suffered the same with a fond hope that the respondent would change her attitude, but the same has become futile. In the meanwhile, the appellant completed his LL.B. course and started practicing as an Advocate at Kodad. On the other hand, the respondent/wife was also appointed as Revenue Inspector and working in the Mandal Revenue Office, Kodad.

(3.) It is further contended that various incidents including an attempt to kill the appellant on 28.04.2008, for which a case vide Cr.No.86/2008 under Sec. 342, 307 r/w 34 IPC by P.S.,Kodad Town and also another Cr.No.90/2008 under Section 498-A IPC and 3(1)(X) of SC/ST (POA) Act was registered against the appellant and his family members.