(Per P. Swaroop Reddy, J.)

Both these appeals have been filed by the appellant, Dr. Kallam Padma Latha, against the common judgment in O.P.Nos.1 of 1999 and 203 of 2000 dated 29-8-2002 passed by the learned I Additional Senior Civil Judge, Kakinada, East Godavari District.

2. O.P. No. 1 of 1999 was filed by Dr. Kallam Padma Latha (hereinafter referred to as appellant) against her husband Dr. Kallam Chandrasekhar (hereinafter referred to as respondent) under Section 9 of Hindu Marriage Act (for short the Act) and Rule 6(f) of the Rules for restitution of conjugal rights where as O. P. NO.203 of 2000 was filed by the respondent against the appellant under Section 13(1)(iii) of the Act for divorce. Both the O.Ps. were disposed of by a common order dated 29-8-2002.

3. The facts in brief and relevant to decide the appeal as per the appellant are as under:

(i) The marriage of the parties was solemnized on 31-5-1995 at Kakinada as per Hindu Rites and the appellant joined the respondent and their marriage was consummated.

(ii) At the time of marriage, respondent was working as Senior Resident in All India Institute of Medical Sciences at New Delhi. After joining the respondent at New Delhi, appellant also secured employment there itself. While they were living at New Delhi, the brother of the respondent died in an accident. At that time, the respondent came to Yanam leaving the appellant at Delhi, by which time appellant gave birth to a female child on 7-7-1997.

(iii) Subsequently disputes arose between the respondent, his parents on one hand and the in-laws of the deceased brother of the respondent on the other. There were threats to kill the respondent. During that period, appellants father stayed in the company of the respondent and his parents at Yanam. At that time, appellant and the respondent suffered tensions and were restless on account of the situation created by the in-laws of the respondents deceased brother. Both of them received medical treatment also and due to depression, respondent submitted his resignation and also made the appellant to resign her job at AIIMS, New Delhi and he joined as Assistant Professor in Gandhi Hospital at Secunderabad, then his wife (appellant) and child also joined him at Hyderabad. While they were in Hyderabad, respondent used to receive threatening calls from the in-laws -of his deceased brother, which used to create tension in their family. The appellant was treated for thyroid problem. After one year of the marriage, respondent and his parents started harassing the appellant by demanding to purchase colour television and refrigerator etc. The sister of the respondent also started harassing the appellant to meet their illegal demands and have developed hatred towards her and they used to ill-treat her saying that the respondent received good matrimonial alliances and they committed mistake in marrying her. She was cursed for giving birth to a female child. The father of the appellant died in May, 1998 and the respondent went on insulting the appellant to get the house situated at Rajahmundry registered in his name and when she refused, he tortured her. The appellant applied for postgraduate entrance examination, which was scheduled to be held on 13-8-1998, and the respondent was making arrangements to go to Madras on 12-8-1998 in connection with FRCS admission. On 11-8-1998, respondent picked up a quarrel with the appellant insisting her to get the house at Rajahmundry registered in his name for which she did not agree. Appellant also made a request not to go to Madras leaving her and the child as she has to appear for the Post Graduate entrance examination on 13-8-1998 for which respondent badly tortured her both physically and mentally and got issued a telegram to her mother with false allegations only for creating evidence as he could as well have conveyed any message through telephone as there was telephone facility at the house of her parents. Her mother came and pacified the matte