HON’BLE SRI JUSTICE K. LAKSHMAN AND HON’BLE JUSTICE VAKITI RAMAKRISHNA REDDY FAMILY COURT AP PEAL No.74 OF 2015

ORDER

(Per Hon’ble Sri Justice K. Lakshman)

Heard Sri N.V.Anantha Krishna, learned counsel for the appellant and Sri T.Damodar, learned counsel appearing for the respondent.

2. Feeling aggrieved and dissatisfied with the order and decree dated 28.11.2014 passed by the Judge, Family Court – cum – Additional District Judge, Khammam, in FCOP No.66 of 2012, the appellant filed the present appeal.

3. The appellant is the wife and respondent is the husband. The marriage of the appellant with the respondent was performed on 29.05.1986 as per Hindu rites and customs. It is an arranged marriage. They were blessed with two sons out of their lawful wedlock. They are aged 19 and 16 years by the time of filing FCOP. Thereafter, disputes arose between them.

4. The appellant filed the aforesaid petition under Section 13 (1)

(ia) and (ib) of the Hindu Marriage Act, 1955 (for short, ‘the Act’)

seeking dissolution of marriage on the grounds of cruelty and desertion contending that she is the legally wedded wife of the respondent. Their marriage was performed on 29.05.1986 at Khammam. They were blessed with two sons namely Rahul Krishna aged about 19 years and Bhran Krishna aged about 16 years by the time of filing of OP. Respondent addicted to bad habits and also developed illegal contact with one Vankayala Kavitha, an employee in the water plant of the appellant. The respondent harassed her both physically and mentally on petty issues and with a demand of money for his bad habits and lead luxurious life. On 18.05.2011, the respondent necked her out from his house and since then she was residing in her parents house and doing business under the name of ‘Hanuman Package Drinking Water Plant’ at Khammam. Respondent neglected the welfare of the appellant and her sons. Her efforts to join the respondent were in vain. A Panchayat held for re-union was also proved futile. The respondent in collusion with one Kesa Vijaya Laxmi, daughter – in – law of his own sister, interfered with her possession and enjoyment over water plant on 27.11.2011, damaged the property and tried to dispossess the appellant from the said plant. The appellant filed a suit vide O.S.No.606 of 2011 and got decree in her favour. Even though there is decree, the respondent and said Vijayalaxmi have stolen the machinery from the said plaint on 18.06.2012. There is every likelihood of danger to the life of the appellant. Therefore, she sought to grant decree of divorce.

5. The respondent opposed the said FCOP by filing counter contending that due to adamant nature of the appellant, the respondent once attempted to commit suicide. The appellant deserted him intentionally. The respondent acquired properties by doing hard work and business. The appellant being his niece, he executed sale deeds in her name. Thereafter, the appellant gifted the property to the respondent. When the appellant tried to alienate the said properties neglecting the welfare of the children, the respondent filed a suit vide O.S.No.498 of 2012 before the II Additional Junior Civil Judge, Khammam, for perpetual injunction restraining the appellant from alienating such property to third parties for her luxurious life. The appellant sold Ac.5.00 of land to third parties intentionally without considering the welfare of the children. Thus, he never subjected the appellant to cruelty and deserted her as alleged. Therefore, the respondent sought to dismiss the petition.

6. To prove the cruelty and desertion, the appellant examined herself as P.W.1 and her mother as P.W.2. She has not marked any document.

7. To disprove the claim of the appellant, respondent examined himself as R.W.1 and marked Exs.B.1 and B.2. Ex.B.1 is plaint in O.S.No.498 of 2012 and Ex.B.2 is petition in I.A.No.in O.S.498 of

2012.

8. On consideration of the said evidence, both oral and documentary, vide impugned order dated 28.11.2014, Family Court, d