P PRAMOD KUMAR Vs. K SAVITHABAI P SAVITHABAI

JUDGEMENT

(1.) The appellant, Mr.P.Pramod Kumar, has challenged the legality of the judgment and decree dated 23.10.2018, in F.C.O.P.No.378 of 2017, passed by the Family Court, Ranga Reddy District at L.B.Nagar, Hyderabad, whereby divorce was granted in his favour.

(2.) The brief facts of the case are that the appellant, Mr. P.Pramod Kumar, and the respondent, Smt. K.Savitha Bai, were married on 26.05.2010 in accordance with the Hindu customs and rites. After completing his M.Sc. in the United States of America, at the time of marriage, the appellant was working in Bangalore, and the respondent-wife was practising as an Advocate and was also working as an L.I.C agent. However, after their marriage, to his great shock and dismay, the respondent discovered that his wife was eleven years elder to him. Therefore, he claimed that fraud was played by the respondent-wife, and by her family. Therefore, the marriage was settled by playing fraud upon him. Moreover, the appellant-husband claimed that during the subsistence of his marriage, he has been constantly treated with cruelty by the respondent-wife. Thus, he filed the divorce petition both under Section 12(1)(c), and Section 13(1)(ia) of the Hindu Marriage Act, 1955 ('the Act' for short).

(3.) While filing her written statement, the respondent-wife also filed an application under Section 9 of the Act for seeking restitution of conjugal rights.