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IN THE COURT OF THE SENIOR CIVIL JUDGE :: AT
NAGARKURNOOL
On Thursday, this the 15th day of March, 2019
Present:- SRI. S. Ravi Kumar,
Senior Civil Judge,
Wanaparthy, FAC Nagarkurnool.
HM.OP. No. 52 of 2016
Between:- Pavithra @ Mrudula Bogaram w/o V. Veera Naga Shankara Chary, age : 29yrs, Occ : House hold, r/o H.No.15-126/1, Teachers colony, Nallavelly road, Nagarkurnool town.
... Petitioner
And
V. Veera Naga Shankara Chary s/o Vadla Shivalingama Chary, age : 33yrs, Occ : Pvt. Employee,r/oH.No.5-4-1/E/33, Tayyabnagar colony, Shivashakthi Nagar, Mahabubnagar town.
... Respondent
This petition came up before me for hearing on 14.03.2019 in presence of Sri. A. Srinivas Reddy, Advocate for the petitioner and Sri. C.
Thirupathaiah, Advocate and the matter having stood over for consideration till this day, the court delivered the following:-
ORDER
1.This is a petition filed by the petitioner/wife against the respondent/husband u/s 13(1)(i)(ia) of the Hindu Marriage Act, 1955 seeking to dissolve her marriage with respondent/husband.
2.The brief avernments of the petition :-
a) Believing the version of respondent and his brother and parents that the respondent completed B.Tech, E.E.E., in SVITS Engineering college at
Chowderpally village, Devarakadra mandal, Mahabubnagar District, the parents of the petitioner performed her marriage with the respondent on 2 of 8 16.02.2011 at Nagarkurnool. At the time of marriage, the parents of petitioner provided net cash of Rs.3,00,000/- as dowry, 7 tulas of gold and house hold articles to the respondent. After marriage, the petitioner went to her in-laws house, stayed some period, thereafter the respondent shifted his family to
Hyderabad.
b) On 04.05.2011 they took an apartment at Sagar ring road,
Hyderabad started conjugal life. After one month the petitioner observed that the respondent is not attending his job and facing money problem, when the petitioner enquired with the respondent in which company he is working and how much salary is drawing but he did not interested to tell the same. In the month of Agust, 2011 the respondent took the ornaments for his personal works promising to return within 3 days but he did not, thereafter, he started to quarrel with the petitioner, several times insulted her, used to compare with other ladies and says that the petitioner is not good, due to which the petitioner very much shocked and disgusted on her life, consumed phenol, suffered with vomits but the respondent did not made attempt to admit her in hospital and started to harass her to bring money from her parents and even some times without her knowledge the respondent brought some money from her parents when the petitioner questioned the same, he says that he lost money and the entire problem will set right on or before December, 2012.
c) Observing the financial problem of respondent the petitioner made an effort to get job in private sector and also appeared to bank exams, to meet the fees, she started tutions in her flat. In September, 2012 the respondent insisted the petitioner and her parents to provide Rs.1,00,000/- for his personal necessities and her parents provided the said amount by securing from a private finance company. Some times the respondent 3 of 8 without knowledge of petitioner used to take amount from her parents for his personal necessities. Even the respondent used to draw the amount from the account of petitioner which was send by her parents for exam fees, knowing the same when she changed the password, he quarrel with her, bet her with dressing table stool. The petitioner bare all these harassment and try to adjust with the respondent.
d) The respondent took the petitioner to his friend's house, started to drink with his friends abused the petitioner, without hearing her request to go home, continued to drink upto mid night and brought his friends to sleep in his house but the petitioner adjusted with the respondent. Prior to marriage, the respondent said he has no bad habits but his behaviour is totally different. The respondent brought his cousin to his house, who misbehaved with the petitioner by knocking her hands and putting chocolates in her hands. She did not tolerate the misbehaviour and sent the said person from her house, for which the respondent quarrel with her and continued harassment against the petitioner.
e) During conjugal life, the petitioner got pregnancy, when she suffered with stomach pain and intimated the respondent but he did not take care of her health but went to Sammakka Sarakka jathara with his friends, even he did not arrange any food grains in the house as such she continued her life with only tiffins. All these incidents informed to her father-in-law, who did not take any action against the respondent. When the father of petitioner retired from job, the respondent harassed her, demanded to get Rs.3,00,000/- from her retirement benefits, as she was not accepted for the same, he used to quarrel with her, at that time, the petitioner health was completely damaged and the doctors advised her to take complete rest as such she came to her parents.
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f) When the petitioner was at her parents received phone call from house owner who informed that the respondent is not coming to room, not paying rent, requested to pay rents and vacate the house as soon as possible. The petitioner revealed the nature and attitude of the respondent to her parents. The father of petitioner paid the rent and vacated the house, when her father enquired about the respondent his cell phone is not working and he is not in contact with the petitioner. Thereafter, on 09.06.2013 the petitioner delivered a baby and informed the same to the respondent who came to the house of parents of petitoner at Nagarkurnool and stayed for some time.
g) The respondent contacted the petitioner on cell pone demanded to provide an amount of Rs.50,000/- for coaching at Delhi, as her parents did not accpet the said proposal, the respondent started harassment against the petitioner and also warned to damage the image of her parents in the society. The petitioner is very much shocked and her parents informed all these incidents to the parents and brother of respondent who did not take any steps to solve the problem. At that time, the petitioner came to know through the friends of the respondent that the respondent was not completed
B.Tech and discontinued from second year and also not working in Tech
Mahindra of Hyderabad and the respondent gave false information to her and her parents and cheated them.
h) The petitioner enquired in SVITS college about qualification of respondent and came to know that the respondent was detained in 2nd
B.Tech due to lack of attendance and latter, he did not applied for re- admission and he did not appeared for any on campus selection in this college and they are very much shocked and they never expected that the respondent and his parents cheat them with false information. The petitioner 5 of 8 has completed M.B.A., and her family is in good position in the society. The petitioner is unable to digest the false information as to the education and job of respondent. The respondent is a cheater and his family members supporting him, if the petitioner continued her relation with the respondent, definitely the respondent will damage the life of petitioner and her daughter and there is no safety to continue the life with the respondent. The parents of respondent arenot taking any interest on him. The respondent had not shown any interest to lead matrimonial life with the petitioner, who has verymuch disgusted with the acts of the respondent.
i) In the month of November, 2013, the respondent tortured the petitioner to bring an additional dowry from her parents, if they did not provide the same, he will see the end of petitioner and her family members and he made an attempt to kill the petitioner with bed sheet, when she fell unconscious, observing the same her aprents shifted her to the hospital, the respondent was not attended the hospital and left the last two years without any conjugal life and there is no scope to join together. Moreover, there is a threat to the petitioner from the respondent and his associates and the petitioner also disgusted and not interested to lead conjugal life with the respondent. During the life time, the petitioner has not spent peaceful life with the respondent.
3. The Respondent filed counter denying the allegations of the petitioner while admitting the relation ship with the petitioner and her daughter lived at Hyderabad and submit that he was introduced as Mahindra
Satyam employee at Hyderabad and meeting happened at 18.09.2010,
before that he gave full details of his job and educational back ground very
clearly to the petitioner. Thereafter, they lived each other on mutual understanding, their parents performed their marriage on 16.02.2011. He 6 of 8 never requested or demanded a dowry, got married without dowry. They gifted house hold articles, clothes and gold to the petitioner only but never gifted to him.
During wedlock, they lived happily and never harassed the petitioner.
He never neglected the petitioner, during her pregnancy, he provided medical ckeck up regularly, she went to her parents house for delivery purpose, no other reasons. The petitioner gave birth to female child on 09.06.2013 and informed the same to him, then he visited and stayed at Nagarkurnool until 20.04.2016. He never contacted on phone for money for coaching in Delhi and no unexpected incidents happened in their conjugal life. He never cheated the petitioner and her parents with false information.
He never attempted to kill the petitioner for additional dowry and threatened the petitioner and her parents. The petitioner is having separately since one year and he can provide security for peaceful life of the female child and the petitioner. All the statements of the petitioner are false and created only by the influence of her parents and family friends. He is not interested to give divorce to his wife/petitioner, having full of affection and emotional attachment with his daughter, prays to dismiss the petition with costs in the interest of justice.
4.During the trial on behalf of the petitioner, PW1 to PW3 examined and marked Exs.P1 to P5. No evidence on behalf of respondent.
5.Heard the learned counsel for petitioner and respondent.
6. Now the point for consideration is : “Whether the petitioner is entitled for dissolution of his marriage with the respondent” ?
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7.Point :
PW1/Smt. Pavithra @ Mrudula Bogaram in her evidence reiterated the contents of the petition supporting with the documents/Ex.P3 and P4/SMS sent by the respondent, application of petitioner to SVITS Engineering college and their letter proves the conduct of the respondent his discontinuation of his Engineering course in 2nd year and did not attend any campus selection in the SVITS college. Nothing elicited in her cross examination to disbelieve her allegation.
PW2/Bogaram Pundareeka Chary, who is father of petitioner and
PW3/K. Sinivasulu who came to know the affair of petitioner and respondent through PW2 supported the PW1 in all aspects.
Non cross examining the PW2 and PW3 and no evidence on behalf of respondent proves that the respondent accepting the allegations of the ptitioner or accepting the demand of petitioner to dissolve their marriage.
The evidence of PW1 supported by PW2 and PW3 as to the conduct of respondent constitutes cruelty towards the petitioner, as such she is entitled to seek dissolution of her marriage with the respondent.
In the result, the petition is allowed as prayed for, i.e., the marriage of the petitioner with the respondent is dissolved. In the circumstances, the parties has to bare their own costs.
Dictated to Personal Assistant, transcribed by him, corrected and
pronounced by me in open court, on this the 15 th day of March, 2019.
Senior Civil Judge,
FAC Nagarkurnool.
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APPENDIX OF EVIDENCE
For petitioner:-For respondent:-
PW1 : Smt. Pavithra @ Mrudula BogaramNone
PW2 : Bogaram Pundareeka Chary
PW3 : K. Srinivasulu
EXHIBITS MARKED
For petitioner :For respondent :
Ex.P1 : Wedding cardNIL
Ex.P2 : Photo of couple
Ex.P3 : Bunch of papers containing SMS sent by the respondent
Ex.P4 : Application made by PW1 to SVITS Engineering college,
Mahabubnagar
Ex.P5 : Letter issued by SVITS Engineering college, Mahabubnagar
Senior Civil Judge,
FAC Nagarkurnool.