JUDGMENT

(Per Hon’ble Justice B.R.MADHUSUDHAN RAO)

1. This Memorandum of Family Court Appeal is filed under Section 19 of the Family Courts Act assailing the order passed by learned Principal Senior Civil Judge at Mancherial, Adilabad District in O.P.No.63 of 2010 dated 06.04.2016.

2. Appellant is the respondent and respondent is the petitioner in O.P.No.63 of 2010.

3. Parties will be hereinafter 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 performed with the appellant - wife 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 04.11.1995 at A.C.C Mancherial of Adilabad District as per Hindu Rights and Customs. After the marriage, the parties lived happily for a period of one year at Mancherial, thereafter the appellant - wife has changed her attitude and started harassing the respondent - husband on petty issues with an intention to separate him with his family, for which he refused as he is the only son to his parents. Appellant - wife used to abuse the respondent - husband and his parents in filthy language, did not care and respected them. Out of lawful wedlock they are blessed with two female children. Respondent - husband has admitted the appellant - wife in a private hospital for second delivery and they celebrated 21st day ceremony at Mancherial. At that time the parents of the appellant - wife visited the house and attended the said function and took their daughter to their house at Kudurupaka village of Karimnagar District. Since then the appellant - wife has been residing with her parents.

4.3. Appellant - wife got a job in Singareni area hospital in the year 2001 and she has no interest in joining her husband to lead happy marital life. Appellant - wife left the society of the respondent - husband on her own accord and did not care to look after the welfare of her elder daughter. Appellant - wife filed a false case against the respondent - husband and his parents at Godavarikhani in the year 2004 for the offence under Sections 498-A of IPC and Sections 3 and 4 of Dowry Prohibition Act and the same is numbered as C.C.No.275 of 2004. After full-fledged trial, wherein the respondent - husband and his family members were acquitted by learned Judicial Magistrate of First Class Godavarikhani on 23.12.2005. Appellant - wife has also filed maintenance case vide MC.No.19 of 2005 for herself and also on behalf of her second daughter, the said petition was partly allowed and maintenance was granted to the second daughter and the claim of the appellant-wife came to be dismissed. Appellant - wife has deserted the respondent - husband since 1999 and prayed to dissolve his marriage on the ground of cruelty and desertion.

5. Appellant - wife filed her counter, admitted the marriage and the children born out of lawful their wedlock and denied the rest of the allegations made therein. She further contended that it is the respondent - husband who treated the appellant - wife with utmost cruelty by abusing her and beating her in order to go for a second marriage. Respondent - husband has demanded dowry of Rs.1,50,000/- since the appellant - wife apprehended danger to her life in the company of the respondent - husband she was forced to reside separately and prayed to dismiss the O.P.

6. Respondent - husband is examined as PW1, examined PW2 - G.Srimannarayana, PW3 - K.Surender and got marked Ex.P1 - marriage invitation card. Appellant - wife is examined as RW1 and examined RW2 - N.Satyanarayana.

7. The learned Family Court after analyzing the evidence adduced by the parties has allowed the O.P. filed by the respondent - husband and granted divorce by dissolving the marriage with costs.

8.1. Learned counsel for the appellant - wife submits that the order passed by the le