GHULAM MOHAMMED, J.

( 1 ) THIS C. M. A. , is directed against the judgment and decree dated 23rd november, 1998 in O. P. No. 12 of 1996 on the file of the learned Senior Civil Judge, cuddapah, wherein the Court below by the impugned order declined to grant divorce to the appellant-petitioner-husband on the ground of cruelty.

( 2 ) THE appellant-husband instituted a petition under Section 13 (l) (i-a) of the hindu Marriage Act, 1955, (for short the act ), praying the Court to grant decree of divorce by dissolving the marriage with the respondent that had taken place on 28-1-1993 according to the Hindu Religious rites at Zeenath Kalyana Mantapam, cuddapah, and was consummated. The appellant averred in the petition that the respondent s senior paternal uncle by name obul Reddy suggested the appellant to allow the respondent-wife s younger brother and sister to stay in his house and provide them education. The appellant expressed his inability to agree with the said suggestion, due to which Mr. Obul reddy became furious and he instigated the respondent-wife not to co-operate with the appellant s family. The respondent-wife being inexperienced and innocent has fallen prey to the evil advise of her senior paternal uncle and started giving trouble in the house by disrespecting the parents of the appellant. On 8-8-1994 the said Obul Reddy together with his kith and kin numbering about 25 rushed into the house of the appellant, in the absence of the appellant s father, and compelled the appellant and his mother at the threat of danger with their lives and took the respondent along with him without the permission of the appellant and his mother. On the same day the respondent s father gave a "dawa" in cuddapah Taluk Police Station and held a "panchayat" and he advised the appellant to have a separate family. Accordingly the appellant took a separate house and lived with the respondent-wife for about 2v. months. Thereafter, the respondent-wife suggested to join his parents family as she is finding it difficult to spend time alone. Thereafter the appellant convinced his parents and shifted to his parents house. After staying for some time the respondent- wife left the appellant s house and did not turn up. Then the appellant gave a complaint to the Deputy Superintendent of police. However, after some time the respondent herself came down to the separate house and started living along with the appellant. The respondent-wife was not co-operating with him causing mental agony, and she again went back to her senior paternal uncle Mr. Obul Reddy s house. On 26-12-1994 the appellant issued a notice. The respondent though received did not reply. However, on the intervention of the Inspector of Police, I Town, Cuddapah they started leading marital life. Thereafter, it is stated, the respondent went to her senior paternal uncle s house without informing the appellant.

( 3 ) THOUGH the appellant filed O. P. No. 27 of 1995 for restitution of conjugal rights, that was dismissed for non-prosecution of the appellant herein.

( 4 ) THE respondent-wife filed a counter denying the allegations and contended that there are no bona fides in the petition and that the theory put forth by the husband that her senior paternal uncle suggested the appellant to allow her younger brother and sister in his house and provide them education was invented for the purpose of the divorce petition only. She further stated that in O. P. No. 27 of 1995 she expressed her willingness to live with him and said O. P. was dismissed for non-prosecution of the appellant on 29-1-1996. She further stated that at the time of her marriage her parents presented 20 tulas of Gold and rs. 80,000/- of cash to the appellant and they lead the marital life for some time. Thereafter, the appellant s parents and three sisters started to treat her with cruelty and demanded for additional dowry. She further stated that first sister of the appellant Vasanatha got first marriage with one Kothuru

Click Here to Read the rest of this document