1
IN THE COURT OF SENIOR CIVIL JUDGE :: PEDDAPURAM
PRESENT : Sri K.RATNAKUMAR
SENIOR CIVIL JUDGE
Friday the 20th day of March 2020
ORIGINAL PETITION NO.83/2015
Between:
Jillella Govinda Raju... Petitioner
And
Smt Jillella Sudha … Respondent
This petition is coming on 13.02.2020 for final hearing before me in the presence of Sri Ch.Saibaba Reddy, Advocate for Petitioner and of Sri P.S.N.Murthy,
Advocate for the Respondent and upon perusing the material available on record, upon hearing the arguments and having stood over for consideration, till this date, this Court made the following :
O R D E R
1.This is a petition filed by the Petitioner against the Respondent under
Section 13 (1)(ia) (ib) of the Hindu Marriage Act seeking divorce from the
Respondent.
2.The brief facts of the petition reads as under: The marriage of the Petitioner was performed with the Respondent on 21.06.2014 as per Hindu Rites and Caste Customs at Ramachandrapuram.
Immediately after the marriage the Respondent joined with the Petitioner. The marriage was consummated. The Respondent is an adamant and shorttempered.
One month after the marriage the Respondent informed the Petitioner that she was not born to the present father by name Buriga Veerraju and her original father is one Marina Venkanna Babu of Yedida Village, who hails of caste of Kamma and during her college days she used to move with Kamma people. Due to the attitude of the Respondent, the Petitioner suffered humiliation. The Respondent also informed the Petitioner that used to talk with her original father over phone till recently. Then the Petitioner admonished the Respondent by saying not to disclose such facts to anyone. When the mother of the Petitioner went to Hyderabad for attending union meeting, she asked the Petitioner and Respondent to stay at her house in Ramachandrapuram. After completion of meeting and after arrival of his mother, the Petitioner along with Respondent went to Peddapuram and on the next day while the Petitioner is on duty, his mother informed him over phone that her phone, three gold rings of the Petitioner, one gold chain and one silver Kumkuma 2 bharani were missing and asked the Petitioner whether he has taken the same
Then the Petitioner informed his mother that he did not take those itmes. The mother of Petitioner advised the petitioner to lodge a complaint before the Police, but the petitioner requested his mother not to reveal the said missing of articles as it will cause damage to the reputation of his family. The Petitioner suspected that the Respondent might have taken those articles. After lapse of sometime, as per the wish of the Respondent the Petitioner took her to her parent’s house. The motherinlaw of the Petitioner asked him to take her to a jewelery shop situated at
Mandapeta and when the Petitioner along with his motherinlaw went to jewelery shop by name Vasavi Jewellery at Mandapeta, the owner of the shop placed some
Gold which was melted from the Gold Ornaments given by his motherinlaw. Then the Petitioner confirmed himself that the Gold articles lost from his house were taken away by the Respondent and the same were given to her mother and she got melted and ordered for making new ornaments, then Petitioner suffered so much mental agony due to acts of the Respondent. The Respondent asked the Petitioner to take her to her parent’s house to celebrate her birth day function and requested the Petitioner to take her movie in Rajahmundry and when they were moving towards Rajahmundry and when they reached some distance due to rain the
Petitioner asked the Respondent to go to Mandapeta and while they were going the
Respondent informed to the Petitioner that she could receive Rs.2,00,000/ within a short time and when the Petitioner questioned about the same she stated that her original father Venkanna Babu will pay the same and if he fails to arrange the same she would threaten the said Venkanna Babu by saying that she would approach the
Court and she will attend for DNA test and she could demand the share in his property. Due to the acts of the Respondent, the Petitioner admonished her and while the Petitioner and Respondent going towards Radham Street, the Respondent has shown a house and stayed for some time and informed him that the said house is her father Venkanna Babu;s house. During the Deepavali festival on 23.10.2014 the Respondent asked the Petitioner to take her to her parent’s house saying that she has no interest to lead marital life with the Petitioner at Peddapuram and at her request the Petitioner dropped the Respondent at her parent’s house, at that time the Respondent was carrying third month pregnancy. The Respondent raised her harassment against the Petitioner and used to insult the Petitioner for petty reasons by degrading his caste. The Respondent used to insist the Petitioner to take her to her parent’s house frequently and the Respondent did not lead marital life with love and affection towards the Petitioner. On 18.02.2015 the Respondent informed the Petitioner that she is not interested to lead marital life with the Petitioner and she is unable to lead marital life and she could give divorce and demanded the 3
Petitioner to take her to her parent’s house, having no other go, the Petitioner taken her to her parent’s house. The parents of the Respondent also supported the version of the Respondent. The Respondent gave birth to a male child in the month of June, 2015. Ever since the Respondent has been residing at her parent’s house and did not turn up. Even though the Petitioner made several attempts by raising disputes before elders, the respondent did not come and join with him to lead marital life. The Petitioner approached Peddapuraram Police on 23.02.2015, Police called the Respondent and conducted family counseling even then the Respondent stated that she is not interested to lead marital life with the Petitioner. Again on 01.09.2015 the Petitioner lodged a complaint before Peddapuram Police and obtained receipt vide Receipt No.322/2015 but the Respondent did not turn up to the house of the Petitioner to lead marital life. The acts of the Respondent amounts to cruelty. The Petitioner suffered mental agony and humiliation at the hands of the Respondent. The Respondent used to insult the Petitioner by degrading his caste. The Petitioner waited all these days with a fond hope that there may be change in the attitude of the Respondent, but in vain. Hence, the petition for divorce.
3.On receipt of notice, the Respondent filed counter denying the allegations made in the petition and submitted that at the time of marriage the
Petitioner and his parents demanded Rs.10,00,000/ towards dowry and as per their demand her parents presented Rs.10,00,000/ towards dowry, 10 Tulas of
Gold and also Rs.1,00,000/ towards Adabaduchu lanchanams in the presence of elders viz., Bible Mission Organizer Nova of Ravulapalem, Veerraju (father of
Respondent), Vara Raju and one Kappala Yesupadam. Later her parents sent her to
Kapuram along with Saari Saman worth Rs.2,00,000/ and Gold Ornaments worth
Rs.3,20,000/. In total her parents handed over more than Rs.15,00,000/ to the
Petitioner and his family members. At the time of marriage, the Petitioner, his mother and other family members informed that the Petitioner is working in
Electrical Department and it is a permanent job. During her stay at her inlaws house at Ramachandrapuram, on 31st December 2014 night she found her mother inlaw and one K.Ramakrishna sitting on the bed and talking with each other in the bed room of her motherinlaw and she was shocked about their behavior. On the next day morning her motherinlaw warned her not to come towards her room. Her motherinlaw telephoned to the Petitioner and informed that she would not allow the Respondent in to her house and advised him to take her immediately from that place. Immediately the Petitioner set up separate family at
Peddapuram. In the year 2015, during Sankranti Pongal the Petitioner demanded 4 for Pongal Gift. On that her parents presented Rs.20,000/ cash and 1/2 Tula
Gold Ring to the Petitioner. Later as she was carrying 5th month pregnancy, as per the customs her parents took her to their house. After one week, the sister of the petitioner and her husband brought her to the petitioner's house at Peddapuram.
The sister of the Petitioner, her husband and her motherinlaw used to come to
Peddapuram oftenly and demanded her to bring an additional dowry of
Rs.3,00,000/ from her parents, but she expressed her inability. She came to know that the Petitioner is not permanent job holder in Electrical Department and he is working under a contractor on outsourcing basis. On that she questioned the
Petitioner about the job, but the Petitioner gave arrogant reply and warned her to keep quiet. Her motherinlaw and sisterinlaw also abused her over phone and scolded her in filthy language. The Petitioner, his sister and her husband harassed her physically and mentally. The husband of sister of Petitioner by name Vijay
Kumar used to come to her house in the absence of Petitioner and used to misbehave with her and demanded her to fulfill his lust and also threatened her that he would spoil her character in the society by saying unnecessary things. On that she abused him and informed him that he is a brother to her and not to behave like that. She also informed the said fact to the Petitioner and his mother, but they supported the said Vijay Kumar instead of admonishing him and abused her. The
Petitioner behaved like a sadist. The Petitioner used to pour the hot water on her legs. The Petitioner, his mother, his sister and her husband beat her indiscriminately during her pregnancy without any mercy. On one day one lady telephoned to her and scolded her and informed that the Petitioner married her prior to her marriage and she is only concubine to the Petitioner. Immediately, she asked the Petitioner about the phone call, but the Petitioner did not care and beat her indiscriminately. The Petitioner stated that if she will give birth to a child, the body features will change and insisted her to go for abortion, but she did not agree.
On that the Petitioner boregrudge against her and beat her indiscriminately while she was carrying 5th month pregnancy. In the month of February 2015 the
Petitioner, his mother, his sister and his brotherinlaw beat her indiscriminately, dragged her out of house and closed the doors. Having no other go, she informed the same to her brother and immediately her brother came there and took her with him and at that time she is carrying 5th month pregnancy. There are some domestic disputes in between herself and the Petitioner. Basing on the said disputes in the month of February 2015 the Petitioner necked out her from his house and since then she has been residing at her parent’s house on their mercy. Her father died on 03.09.2016. Her mother is also sufferring from Blood Pressure and Diabetic. She tried to pacify the matter personally and through her younger brother Chantibabu, 5 her junior maternal uncle Vara Raju and her mother. At that time the Petitioner informed that he would withdraw the present petition. Believing the words of the
Petitioner, she could not proceed with the matter. One week back when she went to the house of the Petitioner along with her son, mother, brother and junior maternal uncle for kapuram, the Petitioner informed that Divorce were granted by this Court and he has no need to live with her. Immediately, she enquired about the matter and came to know the facts and her counsel advised her to file the petition to set aside the exparte decree and accordingly she filed a petition along with the present counter and prays to dismiss the petition.
4.On behalf of Petitioner, P.Ws.1 to 3 were examined and Exs.P1 to P4 were marked. On behalf of the Respondent, R.Ws.1 to 3 were examined and no documents were marked on her behalf.
5.Heard Arguments. Counsel for the Petitoner also filed written arguments.
6.Now the point for determination is : “Whether the Petitioner is entitled for divorce as prayed for?”
P O I N T:
7.It is the case of the Petitioner that his marriage was performed with the Respondent on 21.06.2014 as per Hindu Rites and Caste
Customs at Ramachandrapuram. Immediately after the marriage the Respondent joined with him. The marriage was consummated. One month after the marriage the Respondent informed him that her original father is Marina Venkanna Babu and he belongs to Kapu Community and during her college days she used to move with Kamma people. Then he warned her not to disclose such fact to him and he suffered a lot due to the said fact. The Respondent used to degrade him by touching his caste. When his mother went to Hyderabad to attend union meeting, she requested him and Respondent to stay at her house in Ramachandrapuram.
After completion of meeting and after arrival of his mother, he along with
Respondent went to Peddapuram. One day there after his mother informed that her phone, his three gold rings, gold chain and one silver Kumkuma bharani were found missing and requested him to present Police complaint, but he refused to present report stating that his family reputation will be degraded in the Society.
Later on the request of Respondent, he brought the Respondent to her mother’s house. Then his motherinlaw requested him to take her to jewellery shop situated at Mandapeta, then he took her to Vasavi Jewellery Shop at Mandapeta, the owner of the shop placed some Gold which was melted from the Gold Ornaments given by his motherinlaw. Then he suspected that the Respondent might have committed theft of Gold articles from the house of his mother and the same were given to her 6 mother and she got melted and ordered for making new ornaments. The
Respondent informed him that she could receive Rs.2,00,000/ within a short time from her orignal father and if he fails to arrange the same she will threat him to go for DNA test and also demand him for share in his property. On 23.10.2014 the
Respondent requested him to drop her at her parent’s house by saying that she has no interest to lead marital life with him at Peddapuram. Then he dropped her at her parent’s house and at that time she was third month pregnant. The Respondent harassed him and used to insult him for petty reasons by degrading his caste. On 18.02.2015 the Respondent informed him that she is not interested to lead marital life with him, she is unable to lead marital life and she will give divorce and demanded him to take her parent’s house, having no other go, he took her to her parent’s house and her parents also supported her version. The Respondent gave birth to a male child in the month of June, 2015. Since then she is staying at her parent’s house. Then he tried his level best to lead marital life, but in vain. He presented report in Peddapuram Police Station on 23.02.2015, the Police called the
Respondent and advised her to lead marital life with him, but the Respondent refused. Again on 01.09.2015 he lodged a complaint before Peddapuram Police and obtained receipt vide Receipt No.322/2015 but the Respondent did not come forward to lead marital life with him. The acts of the Respondent amounts to cruelty. The Respondent insulted him by degrading his caste. He waited all these days with a fond hope that there may be change in the attitude of the Respondent, but in vain. Hence, he was constrained to file the present petition seeking divorce.
In support of his contention, he himself was examined as P.W.1 and he reiterated the contents of the petition. He exhibited Exs.P1 to P4. Ex.P1 is Marriage wedding invitation card, Ex.P2 is Marriage photo with C.D., Ex.P3 is Receipt dated 01.09.2015 issued by Peddapuram Police and Ex.P4 is Certificate issued by
Gazetted Officer. In support of his contention, he also examined his mother as
P.W.2 and one third party as P.W.3 and they supported his version in all material aspects.
8.It is the case of the Respondent that at the time of her marriage her parents presented Rs.10,00,000/ towards dowry, 10 Tulas of Gold and
Rs.1,00,000/ towards Adabaduchu lanchanams. After marriage her parents sent her to Kapuram along with Saari Samans worth Rs.2,00,000/ and Gold Ornaments worth Rs.3,20,000/. In total her parents handed over more than Rs.15,00,000/ to the Petitioner and his family members. During her stay at her inlaws house at
Ramachandrapuram, on 31st December 2014 night she found her motherinlaw and one K.Ramakrishna were sitting on the bed and talking with each other in the 7 bed room, on seeing the same she was shocked with their behaviour. On the next day morning her motherinlaw warned her not to enter into her bed room and called her son over phone and informed that she will not allow her into her house and advised him to take her immediately from her house. Then the Petitioner shifted his residence to Peddapuram. In the year 2015, during Sankranti Pongal the Petitioner demanded for Pongal Gift, on that her parents presented Rs.20,000/ cash and 1/2 Tula Gold Ring to the Petitioner. Later while she was carrying 5th month pregnancy, as per the customs her parents took her to their house. One week there after the sister of the Petitioner, her husband brought her to the house of the petitioner in Peddapuram. Sister of the petitioner, her husband and her motherinlaw used to come to Peddapuram oftenly and demanded her to bring
additional dowry of Rs.3,00,000/ from her parents, but she expressed her inability.
She came to know that the Petitioner is not permanent job holder in Electrical
Department and he is working under a contractor on outsourcing basis. On that she questioned the Petitioner about the job, but the Petitioner gave arrogant reply and warned her to keep quiet. The husband of sister of Petitioner by name Vijay
Kumar used to come to her house in the absence of Petitioner and used to misbehave with her and demanded her to fulfill his lust. Then she informed him to behave properly and she also informed the said fact to the Petitioner and his mother, but they supported the said Vijay Kumar instead of admonishing him and abused her. The Petitioner behaved like a sadist. The Petitioner used to pour hot water on her legs. The Petitioner, his mother, his sister and her husband beat her indiscriminately during her pregnancy without any mercy. On one day one lady telephoned to her and informed her that the Petitioner married her prior to her marriage. Immediately, she asked the Petitioner about the phone call, but the
Petitioner did not care and beat her indiscriminately. The Petitioner stated that if she will give birth to a child, the body features will chang and insisted her to go for abortion, but she did not agree, on that the Petitioner boregrudge against her and beat her indiscriminately while she was carrying 5th month pregnancy. In the month of February 2015 the Petitioner, his mother, his sister and his brotherinlaw beat her indiscriminately, dragged her out of house and closed the doors. Having no other go, she she came to her parent’s house and since then she is staying at her parent’s house. Recently she came to know that the Petitioner obtained exparte decree in the present petition. Then she approached her Advocate and as per his advice she filed the petition to set aside the exparte decree in the present petition and prays to dismiss the petition. In support of her contention, she herself was examined as R.W.1 and she reiterated the contents of her counter. In support of 8 her contention, she also examined her junior paternal uncle as R.W.2 and one marriage elder as R.W.3 and they supported her version in all material aspects.
9.The learned counsel for the Petitioner contended that the Respondent insulted the Petitioner by degrading his caste and harassed the Petitioner in so many ways and voluntarily left the house of the Petitioner. The acts of the
Respondent amounts to cruelty and prays to grant divorce in favour of the
Petitioner.
10.The learned counsel for the Respondent contended that the petitioner failed to place appropriate evidence before this Court to show that the Respondent subjected the Petitioner to cruelty. All the allegations made by the Petitioner are absolutely false. The Petitioner, his mother, his sister and her husband harassed the
Respondent demanding additional dowry of Rs.3,00,000/. The husband of the sister of the Petitioner by name Vijaya Kumar sexually harassed the Respondent.
The Petitioner and his family members beat the Respondent indiscriminately.
There are no merits in the present petition and prays to dismiss the petition.
11.Having considered the rival contentions of both the counsels and on perusal of entire oral and documentary evidence available on record, it is evident that the Petitioner filed the present petition on the ground of cruelty. The contention of the Petitioner is that the Respondent insulted him by degrading his caste, committed theft of Gold ornaments from his mother’s house, the Respondent informed him that her original father belongs to Kamma Community and she voluntarily left his house without any valid reason. To substantiate his case, the
Petitioner examined P.Ws.1 to 3 and exhibited Exs.P1 to P4. Though the Petitioner contended that the Respondent committed theft of three gold rings of the
Petitioner, Gold chain, one silver Kumkuma bharani and cell phone of his mother from the house of his mother at Ramachandrapuram, there is no appropriate evidence before this Court. Except the oral evidence of P.Ws.1 and 2, there is nothing on record to come to conclusion that the Respondent committed theft of
Gold ornaments and cell phone from the house of the Respondent. In fact, the
Petitioner did not present any Police Report against the Respondent when she allegedly committed theft of Gold ornaments and cell phone from the house of the mother of the Petitioner. In fact, the Petitioner himself simply mentioned in the present petition that he confirmed that the Respondent might have committed theft of Gold ornaments, but there is no direct evidence with regard to the alleged theft of Gold ornaments and cell phone. The oral evidence of P.Ws.1 and 2 with regard 9 to the alleged theft of Gold ornaments and cell phone from the house of the mother of the Petitioner without any documentary proof, without presenting any Police
Complaint and without any direct witness cannot be taken into consideration.
12.The another contention of the Petitioner is that the Respondent informed that her original father is Marina Venkanna Babu and she belongs to
Kamma Community and she used to move with Kamma Community people during her college days and the Respondent insulted him by degrading his caste. This
Court does not find force in the said contention. Except the oral evidence, there is nothing on record to come to conclusion that the Respondent’s natural father is
Marina Venkanna Babu and he belongs to Kamma Community. No documentary proof is produced before this Court to substantiate the same. In fact, the
Respondent categorically denied the suggestion put to her during her cross examination that her natural father is Marina Venkanna Babu and he belongs to
Kamma Community. In fact the Petitioner himself admitted in his cross examination that “Himself and Respondent belongs to SC Mala Community.” So, when the Petitioner himself admitted himself that the Respondent belongs to same community, the oral allegation of the Petitioner that the Respondent informed him that she was born to one Marina Venkanna Babu, who belongs to Kamma
Community in the absence of any documentary proof and in the absence of any evidence cannot be taken into consideration. So, the contention of the Petitioner that the Respondent insulted him by degrading his caste cannot be taken into consideration as the Petitioner himself admitted in his cross examination that himself and Respondent belongs to SC Mala Community.
13.The Petitioner further contended that the Respondent subjected him to cruelty and she voluntarily left his house without any valid reason and staying at her parent’s house since February 2015. To substantiate the said contention, the
Petitioner also exhibited Ex.P3. Ex.P3 is Receipt dated 01.09.2015 issued by
Peddapuram Police and he contended that he presented two reports in
Peddapuram Police Station on 23.02.2015 and 01.09.2015 against the Respondent, but the Respondent in spite of family counseling did not come forward to lead marital life with him. In fact, the Petitioner did not place any documentary proof
before this Court to show that on 23.02.2015 he presented report to Police against
the Respondent. Though the Petitioner filed Ex.P3 Receipt dated 01.09.2015 issued by Peddapuram Police, the said receipt cannot be taken into consideration intoto as no case is registered against the Respondent. In fact, the copy of two reports presented to Peddapuram Police were not filed before this Court. The 10
Petitioner simply mentioned in the petition and in his chief examination affidavit that the Respondent informed him that she is not interested to lead marital life with him at Peddapuram and she voluntarily left his house, but the Petitioner did not mention in the petition or in his chief examination affidavit about the specific instances of harassment made by the Respondent towards him which amounts to cruelty. Mere mentioning in the petition and chief examination affidavit of the
Petitioner that the Respondent informed him that she is not interested to lead marital life with the Petitioner and she voluntarily left his house does not amounts to cruelty without any specific instances and without any independent evidence.
14.P.W.2 is no other than the mother of the Petitioner and there is every change to her to depose in favour of the Petitioner. In fact the evidence of P.W.2 is mainly concentrated in denying the allegations made by the Respondent regarding the things that happened on 31.12.2014 at her house. P.W.2 admitted in her cross examination that “she is no way concerned even if Respondent joins Petitioner to lead marital life.” P.W.2 during her cross examination furthur admitted that “there were no marriage elders and the marriage talks were held only in between herself and father of the Respondent and she did not call her elders at the time of marriage talks.”
The said fact appears to be far from reality as P.W.1 himself admitted in his cross examination that “marriage talks were held at Ravulapalem Bible Mission Organizers
Nova and others.” P.W.2 further admitted in her cross examination that “she does not know the contents of her chief examination affidavit and she signed on her chief examination affidavit after it was prepared by her counsel.” As P.W.2 herself admitted in her cross examination that she does not know the contents of her chief examination affidavit, her evidence, who is no other than the mother of the
Petitioner, is of no use.
15.P.W.3, who was examined on behalf of the Petitioner also admitted in his cross examination that “he has no personal knowledge about the relationship in between Petitioner and Respondent in Peddapuram, but Petitioner used to inform him over phone that Respondent used to pick up quarrels with him, he does no know exact reason for quarrels in between the Petitioner and Respondent, he has no personal knowledge about the disputes in between Petitioner and Respondent, on one occasion
P.W.2 informed him that disputes in between Petitioner and Respondent were placed
before elders, he was not present at the time of marriage talks and he did not attend
the Panchayat conducted by the elders.” The said admissions of P.W.3 during his cross examination clearly establishes that he has no personal knowledge about the disputes in between the Petitioner and Respondent and he is only a hearsay witness 11 and he came to know that there were disputes in between the Petitioner and
Respondent only through the Petitioner. So, the evidence of P.W.3, who did not attend the marriage, who has no personal knowledge about the disputes in between the Petitioner and Respondent and who came to know only through
Petitioner that the Respondent used to pick up quarrels with the Petitioner, cannot be taken into consideration as he never acted as elder and as he did not attend
Panchayat allegedly conducted by the elders.
16.Now coming to the case of the Respondent, she made some allegations against the mother of the petitoiner, but is no appropriate evidence with to substantiate the same. However, the evidence of R.Ws.1 to 3 clearly establishes that since February 2015 the Respondent is staying at her parent’s house and the contention of the Respondent is that she was necked out by the Petitioner and his family members and she was sexually harassed by the husband of the sister of the
Petitioner. There is no dispute that her marriage was arranged by Ravulapalem
Bible Mission Organizers Nova and other elders and there is no dispute that after marriage for some time the Petitioner and Respondent stayed at
Ramachandrapuram in the mother’s house of the Petitioner and later the Petitioner shifted his residence to Peddapuram and there the Petitioner and Respondent lived and later from February 2015 onwards the Respondent is residing at her parent’s house. Though the Petitioner contended that the Respondent voluntarily staying at her parent’s house and he tried for reunion with the help of elders, the Petitioner failed to mention the exact date and names of the elders with whom he tried for reunion. In fact the Petitioner did not issue any legal notice to the Respondent prior to the filing of the present petition seeking Restitution of Conjugal Rights. In the absence of legal notice seeking Restitution of Conjugal Rights, in the absence of any independent evidence of elders and in the absence of names of elders and the exact date when the Petitioner tried for reunion, the contention of the Petitioner that he tried for reunion, but in vain, cannot be taken into consideration. As the evidence of R.W.1 is consistent and cogent with regard to the harassment made by the Petitioner and his family members and as the Petitioner failed to mention the specific instances or acts of the Respected in subjecting him to cruelty and as the
Petitioner simply mentioned in the present petition that the Respondent insulted him by degrading his cast and voluntarily left his house by stating that she is not interested to lead marital life, but did not place any appropriate evidence before this Court, this Court has no other go except to conclude that the Petitioner failed to prove that he was subjected to cruelty by the Respondent and the Respondent voluntarily is staying at her parent’s house, as such the Petitioner is not entitled for 12 divorce on the ground of cruelty. Accordingly the POINT is answered against the
Petitioner and in favour of the Respondent.
In the result, the petition is dismissed with costs.
Dictated to the Stenographer, corrected and pronounced by me in the open
Court on this the 20th day of March, 2020.
SENIOR CIVIL JUDGE
PEDDAPURAM
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
For Petitioner :
P.W.1/10.08.2018:Jillela Govinda Raju (Petitioner) P.W.2/31.01.2019 :Jillela Vimala Devi P.W.3/31.01.2019:Medisetti Siva Ganesh
For Respondent :
R.W.1/18.03.2019:Jillela Sudha (Respondent) R.W.2/04.07.2019:Vaara Raju R.W.3/07.08.2019:Kappala Yesupadam
DOCUMENTS MARKED
For Petitioner :
Ex.P1:Marriage wedding invitation card. Ex.P2:Marriage photo with C.D. Ex.P3:Receipt dated 01.09.2015 issued by Peddapuram Police. Ex.P4:Certificate issued by Gazetted Officer.
For Respondent : Nil
S.C.J.