THE HON’BLE SRI JUSTICE K. LAKSHMAN AND THE HON’BLE SRI JUSTICE VAKITI RAMAKRISHNA REDDY F.C.A.Nos.35 and 201 of 2015

COMMON JUDGMENT:

(Per Hon’ble Sri Justice K.Lakshman)

Despite service of notice, none appeared for the respondent/husband.

2. Heard Sri Mohd.Mumtaz Pasha, learned counsel for the appellant. We have perused the record.

3. The marriage of the appellant with the respondent was performed on 23.05.2003 as per Hindu Rites and Customs. It is an arranged marriage. They were blessed with two children i.e., son on 16.02.2005 and daughter on 31.12.2006 out of their lawful wedlock.

4. According to the respondent/husband, appellant maintained illicit relationship with the 2^nd respondent in FCA No.201 of 2025 i.e., Mamidi Gattu and eloped with him. Thus, she has subjected him to cruelty and deserted him. On the said ground, he has filed a petition under Section 13(1)(ia) and (ib)

of Hindu Marriage Act vide O.P.No.31 of 2013 seeking dissolution of marriage. The appellant/wife has filed O.P.No.19 of 2013 under Section 9 of the Hindu Marriage Act, 1955 seeking restitution of conjugal rights.

5. Vide order dated 09.08.2014, learned Judge, Family Court-cum-Additional District and Sessions J