Page 1 of 8 HMOP No.16 Of 2024 Old H.M.O.P.No.42 Of 2022
Dated:21.04.2025
IN THE COURT OF THE SENIOR CIVIL JUDGE AT NAKREKAL
(Monday , this the 21st day of April, 2025)
PRESENT:Miss Manjula Suryawar
Senior Civil Judge
Nakrekal
H.M.O.P.No.16 OF 202 4
(Old H.M.O.P.No.42 OF 2022)
(On the file of Senior Civil Judge, Nalgonda)
BETWEEN:
Abbagoni Shailaja W/o Ramulu, D/o.Kompally Saidulu Goud, Aged:28 years, Occ:Household, R/o.H.No.3-107, Kattangur Village & Mandal, Nalgonda District. …Petitioner
A N D
Abbagoni Ramulu @ Ramu Goud, S/o. Late Saidulu Goud, Aged 30 years, Occ:Police Constable in TSSP 12th Battalion, R/o.Kattangur Village & Mandal, Nalgonda District. … Respondent
This petition is coming before me on 21.04.2025 for disposal in the presence of Sri A.Satish Kumar,Counsel for the petitioner and Sri Manda Nagesh, Counsel for the respondent and having stood over for consideration till this day, this Court pronounced the following:
:: O R D E R ::
1. This petition is filed by petitioner under Sec.13 (1) (ia) (ib) of
Hindu Marriage Act seeking the court to dissolve her marriage with the respondent on the grounds of cruelty and desertion.
The brief averments of the petition are as follows:
2.That the petitioner is the legally wedded wife of the respondent and their marriage took place on 16-12-2018 at Sathya Sai Function Hall at
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Kattangur village as per the caste customs prevailing in their community.
After the marriage, petitioner joined the conjugal society of the respondent and they lead happy matrimonial life happily for a period of few days. Since the marriage, the respondent did not maintain cordial relation with the petitioner without any reasonable cause. The petitioner used to work at
Hyderabad and he kept the petitioner at his house with his mother and he used to come Kattangur for one or two days in a month. The respondent used to come to Kattangur drinks alcohol and enjoys without staying with petitioner. The respondent’s mother also used to harass the petitioner by scolding without her faults. The family members of respondent harassed the petitioner physically and mentally. After few months, petitioner came to know that the respondent is having illegal contact with one women and for that reason they harassed the petitioner. When the petitioner questioned about the behavior and illegal contacts with another woman, that the respondent and his family members threatened her and stated that the respondent will behave like that only and he was having illegal contracts with another woman, told her to do whatever she wants to do.
3.During her stay with respondent in their house she came to know that the respondent was having all bad habits and addicted to alcohol and his entire earnings were spent on them. When the petitioner questioned about the behavior of respondent, the respondent started ill treatment towards
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Dated:21.04.2025
the petitioner and also used to torture the petitioner for want of additional dowry as her parents given less dowry to the respondent. The respondent and his family treated the petitioner as their slave. Then, after the petitioner parents have given amounts of 12.50 lakhs by selling their land on that respondent took her to Hyderabad and establish family. After the petitioner went to Hyderabad she observed that the respondent used to stay in washroom hours together and on observation she came to now that he was talking on his cell phone with others in hours together, whenever he went outside to bring vegetables he could not return to house early, the respondent is always on phone calls and on that this petitioner suspected his behavior and questioned him. After one month, petitioner was sent to his native place at Kattangur and kept her along with his mother for three months and thereafter respondent kept the petitioner in his sister Naragoni
Manga house and there his sister always forced her to do household works and she did not talk with the petitioner and harassed mentally by stating that his brother would gets Rs.40 lakhs dowry but her parents gave only
Rs.22 lakhs to him as dowry. The respondent has addicted to online betting and he sustained Rs.40 lakhs loss and that amount was indebted to his creditors. On that the respondent again started harassment against the petitioner demanding to bring amounts form her parents by selling their land and insisted her by saying that he will lead marital life with her only when she brings amount. The petitioner parents did not given the said
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Dated:21.04.2025
amount and that respondent necked out the petitioner from his house. The respondent and his family members used to state that they wanted to perform another marriage to him to get more dowry by get rid off her. The respondent and his family members tried to kill the petitioner and threatened her with dire consequence and also used to say that the respondent will behave like that only and abused her in filthy language.
Then the petitioner reported the matter to elders and her parents and they advised the respondent and his family to change his attitude, but he did not change his attitude and started unbearable harassment against this petitioner. The respondent started harassing petitioner physically and mentally by demanding money to bring from her parents. The respondent has not used to come to the house of petitioner and not leading matrimonial life with her and he was addicted to on line betting. On that she made complaints several times before caste elders and her parents. But on each and every time the respondent approaches the petitioner and her parents and used to took her back and promised to the petitioner, by saying he would look after her with love and affection by forgetting his bad habits and live with her only. But those promises became in vain on the next day on wards.
6.The respondent also attempted to kill her by pouring kerosene, but the petitioner rescued herself by great difficulty. The petitioner was
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disgusted with unbearable torture of the respondent and she went to her parents house and living there since 12-11-2021 due to harassment of the respondent and his parents and that she filed case in Cr.No.107 of 2021
U/Sec. 498-A, 506 of IPC & Sec. 3 & 4 of D.P. Act before Women Police
Station, Nalgonda. Subsequently she also filed DVC before JFCM, Nakrekal against the respondent and his family members. Vexed with the behavior of the respondent, the petitioner decided to live separately from the respondent. In the said circumstances the petitioner constrained to file the present petition seeking divorce from the respondent.
7.The respondent filed his counter denying all the material allegations levelled against him except admitting the marriage with the petitioner by contending that the petitioner herself only refused to live with him and intentionally left his conjugal society and filed the false cases against him and his family members by concoct story, as a result, he suffered with the harassment of the petitioner due to which he decided to obtain divorce from the petitioner and requested to allow the petition.
8.During the course of enquiry, the petitioner examined herself as PW1 and got marked Ex.P1.
9.Heard both sides.
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10.Now the point for consideration is :
Whether the petitioner is entitled to seek the relief of divorce from
the respondent on the grounds of cruelty and desertion as prayed
for?
11. POINT: Perused the entire material on record. PW1 in her chief examination affidavit reiterated petition averments and also harassment meted out in the hands of respondent; and got marked Ex.P1 document.
The contention of the petitioner is that she is legally wedded wife of respondent and their marriage was performed on 16.12.2018 at Sathya Sai
Function Hall, Kattangur Village as per the customs prevailing in their community. After the marriage, she joined the conjugal society of the respondent and they lead happy marital life for a few days. Out of their wedlock they did not bless with any child. Since from the date of marriage the respondent did not maintained cordial relation with her. The respondent used to work at Hyderabad and he kept her at his house with his mother and he used to come to Kattangur for one or two days in a month. The respondent used to come to Kattangur in a drunken condition and used to abuse her without her fault. The respondent and his family members harassed her physically and mentally. She came to know that the respondent is having illegal contacts with another women and when she questioned about the same the respondent and his family members threaten her and he will behave as he likes and asked her whatever she wants do it. The
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respondent has all badvices and illegal contacts when she questioned about the same the respondent used to beat her indiscriminately and used to demand additional dowry from her parents as her parents gave less dowry.
The parents of the petitioner gave a sum of Rs.12.50 Lakhs by selling their lands and on that the respondent took the petitioner to Hyderabad. The petitioner observed that the respondent used to stay in washroom for hours together and he used to talk to othersfor hours together. The respondent and his family members harassed her in one way or other and they stated that they intend to perform another marriage to the respondent to get more dowry by getting rid off her and even the respondent and his family members tried to kill her. Vexed with the harassment of the respondent and her family members, she went to her parents house and staying with them since 12.11.2021 as she was subjected to cruelty and desertion in the hands of respondent.
12.PW1 filed her chief-examination affidavit and reiterated the averments in the petition and marked Ex.P1 document. The counsel for the respondent even did not choose to cross-examine the PW1 to elicit the real facts. Further it reveals from the record that both parties have decided to obtain divorce to that effect.
13.In view of the above facts and circumstances and in view of the agreement between the parties it is just and necessary to conclude the
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matter. Therefore the petitioner is entitled for decree of divorce on the grounds of cruelty and desertion within the meaning of Section 13(1) (ia) (ib) of the Hindu Marriage Act. The point is answered accordingly.
14.IN THE RESULT, this petition is allowed by granting decree of divorce to petitioner under Sec.13 (1) (ia)(ib) from respondent and further marriage between petitioner and respondent is hereby dissolved by way of decree of divorce that was solemnized on 16.12.2018 with effect from 21.04.2025.
Petitioner shall bear her own costs.
(Directly typed to dictation, corrected and pronounced by me in the open court, on this the 21st day of April, 2025).
SENIOR CIVIL JUDGE
NAKREKAL
:: APPENDIX OF EVIDENCE ::
WITNESSES EXAMINED
FOR THE PETITIONER:
PW-1: Abbagoni Shailaja
FOR THE RESPONDENT:
- NIL –
:: EXHIBITS MARKED ::
FOR THE PETITIONER:
Ex.P-1: Original Wedding Card along with marriage photograph attested by Gazetted Officer, Government Pleader, PDJ Court, Nalgonda.
FOR THE RESPONDENT:
- NIL –
SENIOR CIVIL JUDGE
NAKREKAL
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