JUDGMENT :

V.Srinivas, J.

This appeal is directed against the decree and judgment dated 07.09.2012 in O.P.No.145 of 2009 passed by the learned Senior Civil Judge, Tanuku.

2. The appellant herein is the husband of the respondent. He filed a petition under Section 13(1)(c) of the Hindu Marriage Act, seeking divorce by dissolving their marriage, dated 17.05.2006. For the sake of convenience, the parties herein are referred to as they are arrayed in the Trial Court.

3. The case of the petitioner (husband) as per the averments made in the petition before the Trial Court, in brief, is as follows :

a. The marriage between the petitioner and the respondent took place on 17.05.2006 as per Hindu rites and customs at Rajahmundry and the same was consummated. She frequently used to leave the matrimonial home and stayed at Rajahmundry at the house of her adopted father without any intimation to him.

b. Ever since the marriage, the respondent developed anti-gonestic attitude towards him without any reason. After birth of his daughter, the respondent did not permit him to stay with her, due to which, till date he did not even see the face of his child. The respondent had been neglecting him and leaving without any reasonable cause, it creates tension in his mind and suffering with mental agony. As the respondent is legally wedded wife, she did not cooperate to lead marital life and there was no cohabitation between them for the best reasons known to her.

c. The respondent used to harass and torture him on hearing the words of others, due to which he was unable to concentrate on his duties. Despite his repeated requests to join him, she refused to join. On the advice of elders, in the month of July 2008, she came to matrimonial house and stayed with him for a period of one month and started harassing him and she did not like to lead conjugal life. Later, she filed a dowry harassment case. When he requested her to join him, she refused. Hence, he filed O.P. seeking divorce.

4. The respondent/wife filed counter admitting their relationship, date of marriage, birth of female child and further stating as follows:

a. The petition is not maintainable as it was filed within a period of two years from the date of alleged desertion i.e., August 2008. After marriage, she joined with him with sare-saman worth of Rs.10,000/- and they lived happily for a period of two months.

b. Thereafter, the petitioner started neglecting her. He used to come to the house in midnight by consuming alcohol, abusing, and beating her by demanding dowry and suspecting her character.

c. After birth of female child on 10.04.2007, the appellant did not come to see the daughter despite her repeated requests. After six months, the petitioner taken them to his house and even then, he did not change his attitude and used to harass her for dowry amount.

d. When the mother of the petitioner tried to kill her daughter by mixing gammaxene powder in the milk consumed by the child, the petitioner did not take care of her child. The appellant beat her indiscriminately without any fault, when she was pregnant, for which she lost her pregnancy.

e. When her brother questioned the highhanded acts of the petitioner, he demanded to pay Rs.5,00,000/- towards dowry or otherwise take away the respondent. When the matter is placed before the elders, petitioner agreed to look after her and child by giving an undertaking letter. On 26.07.2009, she joined him to lead conjugal life, but there is no change in his attitude and harassed her.

f. In August 2009, the petitioner beat the respondent by demanding dowry or give divorce and that the petitioner himself sent the respondent to her brother’s house at Anakapalli through his brother-in-law. Since then, the petitioner did not take back the respondent to his society without any reasonable cause and he voluntarily deserted her with an intention to marry another woman.

g. Later, she filed D.V.C. on the file of learned Additional Junior Civil Judge, Narsipatnam and as a