HON’BLE SRI JUSTICE K. LAKSHMAN AND HON’BLE SMT. JUSTICE P.SREE SUDHA FAMILY COURT APPEAL No.396 OF 2012 JUDGMENT: (Per Hon’ble Sri Justice K. Lakshman)

Heard Mr. Srinivas Polavarpu, learned counsel for the appellant and Sri A.Prabhakar Rao, learned counsel for the respondent.

2. Feeling aggrieved and dissatisfied with the order and decree dated 24.12.2010 passed by the Additional Metropolitan Sessions Judge for Trial of JHCBBC – cum – Additional Family Court – cum – XXIII Additional Chief Judge, Hyderabad in FCOP No.214 of 2010, the appellant filed the present appeal.

3. The respondent/husband has filed a petition under Section 13 (1) (ia) (ib) of the Hindu Marriage Act, 1955 (for short, ‘the Act’) vide FCOP No.23 of 2009 seeking dissolution of marriage on the ground of cruelty and desertion. Originally the said petition was filed before the learned Senior Civil Judge, Siddipet. The appellant herein filed Tr.C.M.P.No.405 of 2009 to transfer the proceedings in O.P.No.23 of 2009 from the learned Senior Civil Judge, Siddipet to the Additional Metropolitan Sessions Judge for Trial of JHCBBC – cum – Additional Family Court – cum – XXIII Additional Chief Judge, Hyderabad and the same was allowed. On transfer, the petition was re-numbered as FCOP No.214 of 2010. The respondent /husband has filed aforesaid O.P. against the appellant/wife on the ground of desertion contending as follows:-

i. The marriage of the respondent with the appellant was performed on 01.05.1998 at Yadagirigutta.

ii. It is second marriage to him. His first wife died.

iii. Even it is second marriage to the appellant herein.

iv. Respondent blessed with three sons with his first wife i.e.

Sathya Narayana Reddy, Vamshidhar Reddy and Vijeyender Reddy.

v. His third son died. According to him, his first son is handicapped. However, the said fact was disputed by the appellant/wife.

vi. She is also having a daughter by name Swetha Reddy, with her first husband. Her daughter is married to one Sri Harsha.

vii. Respondent is getting pension approximately Rs.9,400/- per month. As the family expenditure is growing, the appellant started ill-treatment towards him and his family members.

Ultimately she left Siddipet and started living at Hyderabad with her daughter and son-in-law in a flat purchased by him out of his own earnings.

viii. During her stay at Hyderabad, she has also lodged a complaint against him with the police, Malakpet Police Station. He has issued legal notice dated 13.09.2007 for providing maintenance of Rs.800/- per month but she refused to receive the said notice.

ix. She along with her son-in-law insisted the respondent to execute conveyance deed in her favour with regard to said flat, failing which, they will implicate him in a criminal case. Thus, the appellant and her son-in-law continuously causing threat to him over phone, insisted to register flat in her name otherwise, they will see his end. The appellant, her daughter and son-in-

law have no right over the said property.

x. Due to the said attitude of the appellant towards him, he suffered physical ill-health. He is unable to do any work and on the hand he effected with hypertension, diabetes and other ailments. Thus, the appellant subjected him to cruelty and deserted him.

4. The appellant herein/wife filed counter denying the said allegations, contending as follows:-

i. It is second marriage to both of them and they have children with their first spouses.

ii. She has also filed a petition under Section 125 of Cr.P.C. vide M.C.No.335 of 2008 seeking maintenance.

iii. They lived happily for four years out of 15 years.

iv. She never harassed him and on the other hand, he harassed her.

v. She never harassed him stating that he is not fit for family affairs.

vi. After performing the marriages of his three sons, he and the appellant along with her daughter started living in a separate house. After his retirement, they had shifted to Hyderabad and started living in Flat No.11, H.No.16-2-741/S-205, Sailaja Apartments, T.V.Tow