THE HONOURABLE SRI JUSTICE T.VINOD KUMAR AND THE HONOURABLE SMT. JUSTICE P.SREE SUDHA CIVIL MISCELLANEOUS APPEAL No.71 of 2023

JUDGMENT:

(per Hon’ble Smt. Justice P.Sree Sudha)

This Civil Miscellaneous Appeal is filed against the Order dated 16.09.2022 in H.M.O.P.No.09 of 2015 passed by the learned Senior Civil Judge-cum-Assistant Sessions Judge, at Manthani.

2. The appellant herein/husband had filed an application against the respondent/wife before the trial Court vide H.M.O.P.No.09 of 2015 under Section 13(1)(ia) of Hindu Marriage Act, for dissolution of marriage on the ground of cruelty. Appellant/husband examined himself as P.W.1 before the trial Court and also got examined P.W.2 on his behalf and marked Exs.A1 to A6 on their behalf. Respondent/wife was examined herself as R.W.1 and also got examined R.W.2 on her behalf, but no documents were filed on their behalf. The trial Court after considering the arguments of both sides dismissed the application. Aggrieved by the said Order, appellant/husband preferred the present Civil Miscellaneous Appeal.

3. Learned Counsel for the appellant/husband stated that the parents of the appellant herein were having three sons. The appellant herein was the elder son and he was working in the Indian Army, his first younger brother was also working in Army and also married and his second younger brother was pursuing Post Graduation. After marriage the respondent/wife joined the appellant parents’ house at Godavarikhani, Karimnagar District, on the same day and the marriage was consummated. At the time of marriage, appellant was working as Rank Naik in Artillery Regiment of the Indian Army at Jammu Kashmir, as such he kept her with his parents at Godavarikhani. He also stated that respondent was not doing any household works during her stay at Godavarikhani and sitting idle. She was scolding that appellant had not purchased any gold ornaments for her, as such she committed a sin by marrying him and she married him at the instance of her parents. Respondent/wife refused to stay with his parents and left the house in August, 2009 without any reason and returned again after lot of persuasions of the appellant and his family members and after conducting several mediations by elders in January, 2010 and again left him in February, 2010. Later, she joined him at Faridkot, Punjab in the Month of May, 2010, but left him again in January, 2011, along with her brother when she was conceived. Respondent was scolding the appellant and his family members in filthy language. In February, 2011, appellant requested her parents to send her with him to lead happy marital life, but they refused for the same and lodged a complaint with the Police under Section 498-A of IPC.

4. Learned Counsel for the appellant/husband further stated that appellant got issued a legal notice to the respondent/wife on 06.06.2011, calling her to join the matrimonial home and respondent/wife gave reply notice on 17.06.2011 and he in turn sent the rejoinder on 16.07.2011. The respondent/wife gave birth to a male child by name Master Varun on 20.08.2011, but it was not informed to the appellant either by her or her parents and he came to know about the same in September, 2011. When the appellant/husband visited the respondent’s parents’ house, they have not allowed him or his family members to perform the naming ceremony of Master Varun. Appellant/husband filed a petition under Section 9 of the Hindu Marriage Act, 1955 in November, 2011, before the learned District Judge, Faridkot, vide case No.72 of 2011, for restitution of conjugal rights. After receiving summons, respondent/wife agreed to join with him at the place of his work at Faridkot in May, 2012 and stayed with him till January, 2013 and went to her parents’ house for Sankranthi on 10.01.2013, as such he had withdrawn the case on 14.01.2013. In April, 2013, when appellant requested the respondent to come back, she refused. Later, he came to know through her relatives that she ga