JUDGMENT:

Being aggrieved by the judgment dated 02-06-2018 in OS.No.520 of 2014 on the file of II Senior Civil Judge, City Civil Court, Hyderabad, where under, their suit for damages against the respondents herein was dismissed, the plaintiff in the above referred suit have filed this first appeal under Section 96 of Civil Procedure Code (for short ‘C.P.C.’) with a prayer to set aside the impugned judgment, allow their claim and pass a decree against the respondents.

2. Before adverting to the grounds on which this appeal is filed, it is just and necessary to extract the pleadings of both parties and the judgment by which the suit was dismissed by the trial Court.

3. The appellants No.1 and 2 are the parents of the

3rd appellant. The 2nd respondent is father of the first respondent. The marriage between appellant No.3 was performed with 1st respondent on 11-02-2008 as per Hindu rituals and customs prevailing in their community. Soon after the marriage, respondent No.1 joined the company of her husband-the 3rd appellant herein at her matrimonial house. However, she could not adjust and adhere to the matrimonial necessities. She did not want to stay with her in-laws and decide to break the family. The appellants have claimed that respondent No.1 moved out of the matrimonial house without informing anybody and repeated the same twice or thrice, on the guise of continuing the education. When she made a request, the appellants herein allowed her to join the matrimonial home with appellant No.3, however, by giving some time with a hope that she may mend her ways and return. However, she did not give any sign of her joining the company of 3rd appellant and his parents.

4. As per the further averments made in the plaint, the appellants have claimed that there were disputes between the couple which ultimately lead to exchange of letters/notices and on a later date, respondent No.1 lodged a complaint before Mirchowk Police Station. The police have visited the house of appellants herein on 28-10-2010 and Inspector of Police detained appellant Nos.1 and 3 for the whole day in spite of their showing all the documents including the letters exchanged between the parties, draft divorce proceedings, but the police compelled the 3rd appellant herein to return the leftover articles. The appellants No.1 and 2 could not avoid the pressure, thereby, handed over the leftover articles to 1st respondent on 29-10-2010.

5. The appellants have further averred that against the understanding between the parties for obtaining divorce and though the 3rd appellant issued post-dated cheques towards permanent alimony, respondent No.1 did not come forward for divorce as per the understanding, thereby, the appellant was compelled to issue instructions to the Banker not to honour the cheque. Subsequently, on 05-12-2010, which happened to be a Sunday, two police personnel from S.R. Nagar visited the house of appellants along with the 2nd respondent and took the appellants No.1 and 3 to the police station, compelled them to shell out the amounts demanded by the respondents. The appellants have paid the amounts with a hope of getting divorce, so that they can put an end to the harassment and mental agony.

6. The appellants having alleged that the respondents lodged a false complaint, dragged them to police station, and detained them in police station for several hours, thereby, caused damage to the high respect which they used to enjoy in the community. The 1st appellant is a retired officer from South Central Railways, 2nd appellant is highly qualified house-hold lady, thereby, the appellants have filed the suit for damages to the tune of Rs.10,00,000/- since the acts committed by the respondents caused damage to their reputation and also caused physical and mental pain.

7. The respondents have appeared before the trial Court, filed a written statement admitting the marriage but denied the other averments. According to the statement filed by the respondents, they never c