G. Krishna Mohan Reddy, J.

This appeal is preferred challenging order dated 24-01-2008 passed in O.P.No.121 of 2005 (OP) on the file of the Judge, Family Court at Warangal upholding the plea of the respondent/petitioner in the OP to dissolve marriage between him and the appellant/respondent in the OP by a decree of divorce.

2. For the sake of convenience, we refer the parties hereinafter as they are arrayed in the OP.

3. The OP was allowed in favour of the petitioner coming to the conclusion that he could prove adultery between the respondent and one R. Narasimha Rao, a Shunter in Railways, by reason of which it was also held that her cruelty against the petitioner was also established consequently aggrieved by which the present appeal has been preferred.

4. It is necessary to note briefly the claims or allegations made by the petitioner and the respondent in the case for proper appreciation of the matter respectively. Admittedly, the marriage of the petitioner and the respondent took place on 26-05-1994. It is claimed by the petitioner that both of them lived together for 10 years thereafter during which they begot two daughters namely Varshini and Jyositha on 25-06-1995 and 17-11-1997 respectively. He worked in Railways at several places. It is alleged by him that the respondent was habituated to luxurious life, she used to harass him to meet her unlawful demands in that context which were beyond his capacity and even though he explained his plight and tried to convince her, she did not change or mend herself. It is also alleged by him that she and her mother always harassed him mentally and physically to give money for meeting her mother’s debts. He claims that because of their attitude, he was not able to discharge his duties, whereas unable to cope up with the attitude of the respondent, he issued a legal notice on 10-06-2003 mentioning various unpleasant incidents that occurred in between them and also seeking her to cooperate with him for obtaining divorce in between them, but she did not give any reply, however, at a belated stage, she promised to mend herself which he believed, but she continued to behave as before. It is alleged by him further that on 16-06-2006 at about 5-00 a.m. when he returned home, he found her in compromising position with his colleague R. Narasimha Rao, a Shunter in Railways, who fled away having seen him following which he raised hue and cry, however on the other hand, she approached her relatives namely Chander Rao, D. Seetha Ramaiah and Srinivas, who came to his house on 19-06-2005 and who were appraised of the said incident, but those persons and the respondent mercilessly beat him and caused bleeding injuries on his head, in consequence of which he was admitted in Rohini Hospital, Hanmakonda followed by giving a report in the police station at Subedari against the respondent, but no action was taken by the police having been influenced by the respondent, as a result of which he filed complaint on the file of the IV Additional Judicial Magistrate of First Class, Warangal against her and others to prosecute them for offences punishable under Sections 326, 420, 448, 497 and 506 read with 34 of IPC which was forwarded to the police concerned for necessary investigation and report, but again no action was taken by the police.

5. The plea of the respondent is total denial of the allegations made against her. She claims that at the time of marriage, her parents gave Rs.1,40,000/- as dowry and Rs.60,000/- as loan and her grandfather presented 17 soverins of gold apart from giving household articles to the petitioner. She alleged that the petitioner along with his mother and sister harassed her several ways narrating several incidents.It is also according to her that the said R. Narasimha Rao, a friend of the petitioner, used to come to their house which circumstance was taken advantage of to create a false story of adultery.

6. For the petitioner, he got himself examined as PW-1 and