THE HON’BLE JUSTICE MOUSHUMI BHATTACHARYA AND THE HON’BLE JUSTICE GADI PRAVEEN KUMAR FAMILY COURT APPEAL No.11 of 2022 JUDGMENT: (per Hon’ble Justice Gadi Praveen Kumar

1. The present Appeal is filed by the appellant/unsuccessful husband being aggrieved by the orders passed by the learned Judge, Family Court at L.B. Nagar, Ranga Reddy District in O.P.No.1207of 2011 dated 04.06.2015, which is filed under Section 13(1)(ia) of the Hindu Marriage Act, 1955 (for short ‘the Act’) seeking dissolution of marriage between the appellant and respondent held on 05.09.2007.

2. The brief facts leading to the filing of O.P. before the learned Trial Court are that the appellant was married to the respondent on 05.09.2007 as per Hindu customs and traditions and they lived together at Nellore for about three months. The appellant contended that during their stay at Nellore, the respondent developed a negative attitude towards the appellant and started abusing and ill-treating him in different ways. Thereafter, the respondent being an employee, transferred to Hyderabad and as such, they shifted their family to Bowinapally, Hyderabad for about 9 months. During the said stay, the respondent developed ego problem and started humiliating the appellant and also used to leave the house as per her whims and fancies. The appellant contends that the respondent returns home late night and when the appellant questioned the same, the respondent used to pick up quarrel with the appellant and on some occasions, the respondent did not even prepare food and used to demand the appellant to get food from the hotels.

3. The appellant averred in the O.P. that the age of respondent was suppressed at the time of marriage and the father of respondent made propaganda to everyone that the appellant was a software Engineer, but in fact the appellant is a Scientist. It is further averred that the respondent has many boyfriends and used to move friendly with them, used to talk to them over phone for several times in a day apart from ill-treating the appellant. The respondent also humiliated the appellant in the presence of his mother and others. When the differences are increasing, during the month of January, 2009, mediation was also conducted before the elders. Thereafter, the respondent gave birth to a child on 28.02.2009 at Nellore, but the appellant was not informed about the same. When the appellant visited the respondent at Nellore, the respondent abused and ill-treated him and did not allow tosee the child. Thus, the appellant contended that the respondent has no interest in leading marital life with the appellant and as such, she is misbehaving, ill-treating and abusing him, and as such, he requires to be separated from the respondent to have a peaceful live.

4. On the other hand, the respondent/wife filed counter before the learned Trial Court denying the allegations of the appellant, stating that after the marriage, the appellant got a job as Scientist at Dehradun and later he developed a desire to marry again for more dowry due to his job position. She contended that the appellant and his two sisters along with his mother used to demand the respondent to bring costly household articles, and when she failed to oblige the same, they used to harass and ill- treat her. The respondent further claimed that she gave birth to the son with the knowledge of the appellant and his family members and that the appellant also visited her on the date of her discharge from the hospital after consulting for caesarean operation while his sisters and parents stayed with her in the hospital and attended to her delivery.

5. The respondent claimed that the appellant has tried to defame her character apart from attempting to cruelty, humiliation, insulting etc for the purpose of filing the petition seeking divorce with a view to acquire some more dowry from second marriage. The respondent contended that she never deserted the appellant nor ill-treated him, and she is willing to continue