GANDAMALLA HRUDAYA RAJU SAIDLU Vs. GANDAMALLA MERY LAXMI

JUDGEMENT

(1.) This appeal is filed by the appellant - husband assailing the order dated 02.07.2019 passed by the Principal District Judge at Nalgonda in Divorce O.P. No.174 of 2017 wherein the petition filed by respondent - wife seeking dissolution of marriage, was allowed.

(2.) The respondent - wife filed an application under Section 10 (ix) & (x) of the Divorce Act, 1869, seeking dissolution of her marriage with the appellant herein vide DOP No.174 of 2017 on the file of Principal District Judge, Nalgonda. According to the respondent - wife her marriage with the appellant - husband was performed on 21.05.1998 at Roman Catholic Mission Church at Peddapalakaluru of Guntur District. They have two children, namely, Gandamalla Chaitanya and Gandamalla Karthik. According to the respondent - wife, the appellant - husband developed strong dislike towards her and used to harass her both physically and mentally, demanding additional dowry. He used to come home late in the night in drunken condition and used to quarrel with her for petty things. She has tolerated the said harassment by keeping her future and her children's future in mind. According to her there was no change in the attitude of the appellant. Losing hope, she stayed at her patents house since 2001 with her two children. With the intervention of elders in 2002, 2011 and 2013, conciliation proceedings were held, but due to the adamant attitude of the appellant - husband they could not join together. Ultimately, the matter was placed before the elders on 25.02.2013 wherein, with the intervention of elders, both the appellant and respondent arrived at an understanding and the same was reduced in writing under Ex.P.2 notarized agreement dated 25.02.2013. As per the said Ex.P.2, both the parties agreed to lead happy marital life with their children. In the said agreement, the appellant - husband agreed that he will not consume alcohol in future and will not harass his wife and children any more in future.

(3.) According to the respondent, there was no change in the attitude of the appellant and on the other hand, he has further aggravated his harassment. Ultimately, he left the company of the respondent from the house. The respondent approached the appellant in the month of January, 2014 with a request to join together, restitute the conjugal life for which the appellant refused to allow her. Thus, they were staying separately since two years prior to filing of the said OP and the respondent stayed with her parents. Thus, the appellant - husband subjected the respondent - wife to cruelty both physically and mentally and deserted her two years prior to filing of the DOP. On 11.05.2016, the respondent lodged a complaint with the police, Nagarjuna Sagar, but they have not taken any action. According to her all the efforts made by her for restitution of conjugal life with the appellant - husband failed and therefore, she filed DOP No.174 of 2017 under Sections 10(ix) & (x) of the Divorce Act, 1869 on the file of the Principal District Judge, Nalgonda seeking dissolution of marriage on the grounds of 'cruelty' and 'desertion'.