This Court delivered the following:

JUDGMENT: (per Justice B.R.Madhusudhan Rao)

1. This Memorandum of Family Court Appeal is filed under Section 19 of the Family Courts Act, 1984 (for short ‘FCA’) assailing the order passed by the learned Family Court at Hyderabad in FCOP No.903 of 2011, dated 31.03.2016.

2. Appellant is the respondent and respondent is the petitioner in FCOP No.903 of 2011.

3. For the sake of convenience, parties will be herein after referred to as appellant-wife and respondent-husband.

4.1. Respondent-husband has filed petition under Section 13(1)(ia) & (ib) of Hindu Marriage Act, 1955 to dissolve his marriage with the appellant-wife performed on 09.02.1995 by a decree of divorce.

4.2. It is stated in the petition that the marriage of the respondent-husband with the appellant-wife is performed on 09.02.1995 at Ameerpet, Hyderabad as per Hindu rites and customs and they were blessed with a son by name Sai Krishna on 17.10.1997. During the pregnancy appellant-wife left the respondent-husband house in the month of August, 1997, she did not come back in spite of several demands made by the respondent- husband. In the month of August, 2000 appellant wife has joined the respondent-husband and they led marital life till July, 2003 at Kukatpally, Hyderabad. In the month of July, 2003 respondent-husband left for Chennai for doing Ph.D. in I.I.T. Madras during that time, appellant-wife refused to accompany him and left the matrimonial home started residing with her parents. In the year 2006 appellant-wife secured a job after completing her M.C.A.Respondent-husband has returned from Chennai in the year 2006 and made attempts to bring back the appellant-wife to his fold but she did not heed his request. Appellant-wife deserted the respondent-husband and she never allowed mutual trust, regard and respect as well as love and affection. During the stay of the appellant-wife with the respondent-husband she used to ill-treat him and insisted him to appear for Group-I Services examination and also to leave his parents, get his share in the property and give the same to her and also insisted him to live as illatom son-in-law. Respondent-husband has got issued legal notice on 27.04.2011 to the appellant-wife but the same was returned as ‘addressee left’. He sent another notice dated 12.05.2011 which was received by the appellant-wife but she did not choose to give reply and prayed to grant decree of divorce.

5. Appellant-wife filed counter admitting the marriage and the child born out of lawful wedlock and denied the rest of the allegations. She further contended that immediately after the birth of the male child she joined the company of the respondent husband in the month of December, 1997 and she also visited her in-laws place, she lived with her husband till he left for Chennai for doing Ph.D. in the month of July, 2003. Schedule of Ph.D. was limited to three years but the respondent-husband took four more years for completing the same. On the advice of the respondent husband, appellant-wife started staying at her parent’s house. Respondent-husband used to come to her parent’s house, stay with her whenever he comes to Hyderabad from 2003 to 2011. Just before issuing legal notice in the month of May 2011, respondent husband appears to have deposited some amount in her Bank account. Due to Astrologer’s advise and as per the Horoscope the name of their son should start with the letter ‘L’ as such the appellant-wife has changed the name of her son from Sai Krishna to ‘Lalith Sai Krishna’, the said change was made by both of them jointly. Except the interference of the mother of the respondent husband, the marital life was quite peaceful. Appellant-wife is ready to join the company of the respondent-husband and prayed to dismiss the O.P.

6. Respondent-husband has filed rejoinder to the counter filed by the appellant-wife and denied the allegations made therein except admitting the marriage and the child.

7. Respondent-husband is