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2021 Supreme(Telangana) 244

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
M.S. Ramachandra Rao, T.Vinod Kumar, JJ.
P. Padma – Petitioner
Versus
P. Chennaiah – Respondent
C.M.A. No.265 of 2021
Decided On : 13-07-2021

Headnote:

Indian Penal code, 1860 - Section 498-A - Dowry Prohibition Act, 1961 - Sections 3 and 4 - Respondent had filed O.P. against appellant for dissolution of his marriage with appellant and for grant of a decree of divorce - In of contradictions between pleadings of appellant and her evidence, Trial Court came to conclusion that relationship between parties is strained in view of allegations leveled against each other, and they are not having confidence in each other in order to sustain and continue their conjugal life, and parties cannot be compelled to live together - It therefore accepted plea of guilty made by respondent against appellant and granted decree of divorce - Challenging same, Appeal is filed – Held, where there was allegation that husband tried to terminate pregnancy of wife which was not proved though alleged by wife, but in instant case allegations are about husband being guilty of adultery or attempting to kill wife - False, scandalous malicious and baseless charges are made against respondent by appellant which prima facie amount to cruelty and on basis of same, respondent is entitled to a decree of divorce - So order of Trial Court, does not warrant any interference by this Court in appeal - Appeal dismissed.

JUDGMENT :

M.S. Ramachandra Rao, J.

This Appeal is filed challenging the order dt.24-03-2021 passed by the Principal Senior Civil Judge, Mahabubnagar in H.M.O.P.No.6 of 2015 on his file.

2. The appellant and respondent were married on 19-04-2000. The respondent is employed as A.R. Police Constable in the Office of the Superintendent of Police, Mahabubnagar at the time of filing of the O.P.

The case of the respondent/husband

3. The respondent had filed the said O.P. against the appellant for dissolution of his marriage with the appellant and for grant of a decree of divorce.

4. In the said O.P., he alleged that they had two children viz., girl aged 10 years and a boy aged 8 years; that the appellant was having bad habits like taking drugs and alcohol; that she had no interest to lead material life with him; she always quarrels with him for each and every issue and used to threaten and abuse him in filthy language and this caused him lot of suffering and loss of reputation.

5. He contended that appellant was adamant, and when she was in intoxicated condition, she was subjected to sexual harassment in the locality when respondent was on duty. He alleged that the appellant did not bother about the welfare of the children and respondent, and she did not how to respect others and always threatens and abuses him and children.

6. He alleged that in February, 2013, the appellant left his company without his consent and she was unwilling to live with him and that she had also lodged a false complaint the respondent before P.S. Kollapur in Cr.No.28/2014 alleging that he committed the offence under Section 498-A I.P.C. and Sections 3 and 4 of Dowry Prohibition Act. He also alleged that appellant had filed O.P.No.9 of 2014 on the file of the District Judge, Mahabubnagar for custody of children and they are in her custody.

The stand of the appellant/ wife

7. Counter-affidavit was filed by the appellant opposing the O.P.

8. She denied all the allegations leveled against her by respondent, and contended that her parents gave dowry of Rs.75,000/- apart from gold and silver ornaments to the father of respondent; that only one year after the marriage, they lived happily, and thereafter respondent started harassing her on the ground that she did not become pregnant, and threatened that he would undergo second marriage and started insisting that the appellant should give divorce to him.

9. She alleged that while the respondent was working as Police Constable, he was posted at Nagarkurnool and at that time, he opened gas cylinder and attempted to kill her, but the gas cylinder did not blast and other adjacent owners came and closed the gas cylinder.

10. She alleged that when she gave birth to the girl child on 31-10-2004, the respondent was unhappy and imposed a condition that her parents should not come to her house and she should not go to her parents house. The same condition was also imposed when she gave birth to the son in 2005.

11. She alleged that he used to take alcohol heavily and beat her mercilessly, and after the birth of second child, the respondent drove her and her children away from his house and since then she was living with her parents.

12. She also alleged that in 2007, respondent developed illegal contacts with several ladies, used to quarrel with the appellant and stopped coming to the house of appellant and did not provide maintenance.

13. She alleged that his behaviour is dangerous and he is a womanizer and in 2010, when her friend came to their house, he even demanded the appellant that the said friend should fulfill his sexual desire.

14. She alleged that in March, 2014, the respondent demanded Rs.2,00,000/- as additional dowry from her parents and threatened to give her divorce.

15. She claimed that on 02-03-2014, respondent came to Kollapur and forcibly taken away her children from her custody and he is not allowing them to talk to her.

16. She admitted that she lodged a complaint against respondent for having committed the offence under

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