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CASE NO.:

Appeal (civil) 6534-6536 of 1995

PETITIONER:

ADHYATMA BHATTAR ALWAR

Vs.

RESPONDENT:

ADHYATMA BHATTAR SRI DEVI

DATE OF JUDGMENT: 06/11/2001

BENCH:

D.P. Mohapatra & Doraiswamy Raju

JUDGMENT:

D.P.MOHAPATRA, J.

These appeals, filed by the husband of the

respondent are directed against the judgment of the

Division Bench of the High Court of Andhra Pradesh in

AAO Nos.365 and 718/91, in which the High Court

allowed the appeal filed by the wife and dismissed the

appeal filed by the husband and set aside the judgment

passed by the Subordinate Judge, Narsapur.

The appellant Adhyatma Bhattar Alwar, and the

respondent Adhyatma Bhattar Sri Devi were married on 22nd

August, 1978 in Nalamvari Choultry at Rajahmundry. The

couple stayed together in village Palacole where the parents

of the husband reside. A female child was born to them on

12th December, 1979, whereafter they separated. The wife

and daughter lived with her parents at Rajhmundry, while the

husband continued to stay with his parents at Palacole. The

husband filed a petition for dissolving the marriage under

Section 13 of the Hindu Marriage Act, 1955 (hereinafter

referred to as the Act) praying for a decree of divorce on the

ground stated in sub-clause (ib) of Sub-section 1. In the

petition it was alleged, inter alia, that the father of the

respondent -wife had taken her to Rajahmundry for delivery

and also stating that her mother was not well. After birth of

the child, since the respondent did not return to Palacole, the

appellant, his father and other relations made attempts to

persuade the respondents father to send his daughter to

Palacole. The attempts did not bear fruit as the respondent

was insistent that the appellant should live separately from

his parents in a separate house. Since the condition was not

acceptable to the appellant, she refused to join him at

Palacole. On 23rd May, 1981 the appellant went to

Rajahmundry to bring the respondent but she was not sent

and the appellant was informed that the respondent would

be sent only after he got a job. It is relevant to state here

that at the time of marriage, the appellant had graduated in

Commerce (B.Com.); subsequently he completed M.A. in

Hindi, but he was without a job. Since all attempts to

persuade the respondent to come and live with him failed,

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the appellant filed the petition on 21st February, 1984 for

divorce on the ground of desertion by the wife for a period of

more than two years.

Contesting the application for divorce, the

respondent repudiated the allegations made by the appellant

that she had voluntarily left her matrimonial home for staying

with her parents. While admitting that she had gone to her

parental home for birth of the child whereafter she had

returned to her father-in-laws house where she faced a very

embarrassing situation as her father-in-law made indecent

advances towards her and her complaints to her husband

about such incidents went unheeded. She also averred that

her husband appeared to be a silent spectator to such

incidents and did not even raise any protest against his

fathers behavior towards his daughter-in-law. In the

circumstances, the respondent pleaded that she had every

justification to insist on her husband having a separate

residence. It was further alleged by her that in the month of

August, 1980 her father-in-law had made repeated attempts

at molesting her and when she vehemently protested against

such behaviour she got a severe beating from him. She also

complained that her husband was ill-treating and assaulting

her, believing the false stories and backbitings of his mother.

She contended that it was she who was deserted by her

husband and not vice versa.

Both parties led oral and documentary evidence

before the Trial Court. The learned Subordinate Judge in

the Judgment dated 8th December