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2014 Supreme(AP) 1257

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
R. Subhash Reddy and A. Shankar Narayana, JJ.
Gopalakrishna Surapaneni - Appellant
Vs.
Anuradha Surpaneni Maiden - Respondent
Family Court Appeal Nos. 16 and 22 of 2007
Decided On: 26.09.2014

Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff:S. Ravindranath, Advocate
For Respondents/Defendant:K. Lalitha, Advocate

Headnote:

Hindu Marriage Act, 1955 - Section 13(1)(i-a) - Seeking dissolution of marriage by grant of decree of divorce on ground of cruelty – Petition divorce - Appeals arise out of a common order but was unsuccessful - Latter O.P. is filed by wife seeking decree for restitution of conjugal rights of Act and became successful - Aggrieved of same husband preferred both these appeal - Marriage between appellant - husband and respondent - wife was solemnized in a local function hall at Hyderabad as per Hindu rites and customs - It was an arranged marriage proposal was initiated and mediated by one a close relative of father of appellant - Appellant gave consent agreeing to proposal in month of July to marry respondent - Appellant states that right from beginning respondent exhibited crude behavior adamant attitude arrogance and cumulative effect of same led to his mental torture and agony - Held, Court below rightly observed that acts complained by appellant are usual bickering on account of differences between spouses and common in domestic life and not of serious nature to entitle appellant for dissolution of marriage by grant of decree of divorce - Therefore order challenge does not at all warrant interference as it does not suffer from any illegality mere fact that Court below did not discuss in detail touching each act of alleged cruelty referred to is no ground to set aside impugned common order and decrees - Therefore convinced that there is no legally acceptable evidence in substantiating allegation of cruelty complained by appellant and consequently are inclined to dismiss both appeals a find no merit at all - Appeal dismissed (Para 34)

Judgment

A. Shankar Narayana, J.

1. Both these appeals arise out of a common order, dated 30-11-2006, in O.P. Nos. 602 of 2003 and 369 of 2005, passed by the Additional Metropolitan Sessions Judge for the trial of Jubilee Hills Car Bomb Blast Case - cum - Additional Family Court - cum - XXIII Additional Chief Judge, Red Hills, Nampally, Hyderabad (for short 'the Family Court').

2. Former O.P. is filed by the husband seeking dissolution of marriage by grant of decree of divorce on the ground of 'cruelty' under Section 13(1)(i-a) of the Hindu Marriage Act, 1955 (for short "the Act"), but he was unsuccessful. Latter O.P. is filed by the wife seeking decree for restitution of conjugal rights under Section 9 of the Act and she became successful. Aggrieved of the same, the husband preferred both these appeal.

3. We intend to refer to the relevant facts for the purpose of disposal of both these appeals.

a) The marriage between the appellant - husband and the respondent - wife was solemnized on 24-10-1999 in a local function hall at Hyderabad as per Hindu rites and customs. It was an arranged marriage. The proposal was initiated and mediated by one Mr. P.V. Kutumba Rao, a close relative of the father of appellant. The appellant gave consent agreeing to the proposal in the month of July, 1999 to marry the respondent.

b) During the period of settlement of marriage alliance, the respondent's father revealed to the parents of the appellant that her earlier alliance was broken due to bad character of the bride-groom. Despite the same, the appellant developed a soft-corner towards the respondent and decided to proceed for marriage. Since he was posted at Botswana at the time of engagement ceremony that took place on 29-08-1999, the engagement ceremony was performed in his absence, thus, the usual formalities were observed and the marriage had taken place after his return from Botswana in the second week of October, 1999.

c) The appellant states that right from the beginning, the respondent exhibited crude behavior, adamant attitude, arrogance and the cumulative effect of the same led to his mental torture and agony. Since the alleged acts, constituting 'cruelty', have been narrated as many as in (116) paragraphs, we intend to summarize them as points, which are as under:

i) The respondent asked the appellant to give his money and transfer his property to her which shocked him;

ii) For the Diwali festival that fallen on 07-11-1999, on an invitation from the appellant's parents-in-law, they left to his parents-in-law's house, but the respondent did not even inform his parents, and on the other hand, she picked up an argument spoiling his festive mood accusing him that he was responsible for forcing wasteful expenditure on the respondent's parents during marriage.

iii) When they visited Vijayawada on 11-11-1999 to attend the marriage of respondent's brother, since his father intended to visit an Ashram near Vijayawada located about 60 KMs. away and seek blessings of a Guruji, his father when informed his father-in-law, a Jeep was arranged by his father-in-law, but the respondent reluctantly got into the Jeep as she was not willing to have the blessings of the Guruji, and when his parents got down at Benz Circle, she hurled abusive phrases against his parents accusing him that he did not deserve to be married and that he should have taken Sanyas.

iv) On 23-12-1999, when his parents went to Saibaba Tample at BHEL, Ramachandrapuram on Datta Jayanthi Celebrations at 7.00 P.M., he expressed his intention to wait till his parents return, to take dinner with them, but she got wild and slept in the bed-room.

v) On 25-12-1999, when his parents asked him to take them to his sister's house at Motinagar in Hyderabad, he requested the respondent to join them, but she refused and did not take dinner on that night and break-fast on 26-12-1999 and without informing him she got arranged a car through her parents and at 10.00 A.M., she left them without informing his paren



































































































































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