IN THE COURT OF THE SENIOR CIVIL JUDGE :: AT WANAPARTHY
On Wednesday, the 12th day of July, 2017.
PRESENT:- SRI. S. SRINIVAS REDDY,
Senior Civil Judge, Nagarkurnool.
FAC Senior Civil Judge, WANAPARTHY.
HMOP.No. 20 of 2017
Between:-
Bakki Madhavi w/o Govula Masoom, D/o Chinna Bokkalaiah, age 21 years Occ. House wife R/o Chinnadagada (Dagadapally) village of Chinnambavi mandal, Wanaparthy district.
...Petitioner.
And
Govula Masoom s/o Kistanna, age 29 years Occ. Police constable, R/o Laxmipally village of Chinnambavi mandal. Presently working as P.S Pangal, Wanaparthy district.
...Respondent.
-o0o-
This petition came up before me for hearing on 05-07-2017 in the presence of Sri J.C.Kurmaiah, Advocate for the petitioner and the respondent being called absent and set exparte and the matter having stood over for determination, till this day the Court delivered the following:-
O R D E R
1.This is a petition filed by petitioner against the respondent who are none other than wife and husband under section 13 of Hindu Marriage Act, 1955 for grant of decree of divorce on the ground of cruelty.
2.The brief averments of the petition are as follows:
The petitioner and respondent are the husband and wife and their marriage was performed on 28.02.2016 at Laxmipally village of Chinnambavi mandal.
Petitioner further submitted that at the time of marriage, her parents gave
Rs.1,50,000/- cash, 3 tulas gold and ½ tula gold ring to the respondent towards dowry. The petitioner further submitted that they lived together for three months and after that the respondent habituated to liquor and used to suspect her character and several times he beat the petitioner and used to abuse her in drunken condition.
Thereafter, the elders conducted a panchayath on several occasions and advised the respondent to look after the petitioner, but the respondent never changed his 2 attitude. In the month of December, 2016 the respondent has beat the petitioner severely and driven out her from his house by threatening her not to come again to his house and if she comes back, he will kill her. The petitioner further submitted that the elders tried to pacify the matter but the respondent not heed their advise and since then the petitioner is staying with her parents. As the petitioner apprehending the danger to her life with the respondent and as such she prayed the court to allow the petition.
3.Having received the notice, the respondent failed to make his appearance to contest the matter and as such he was set exparte.
4.In order to prove her case, the petitioner herself examined as PW.1 and got marked photographs and her marriage card with respondent as Ex.P1 and P.2 and reported the closure of evidence.
Heard the argument from the learned counsel for the petitioner.
5.Now the point for consideration is :
Whether the petitioner is entitled for decree of divorce as prayed for ?
In order to prove her case, the petitioner herself examined as PW.1 and got marked her marriage photographs and wedding card as Ex.P1 and P2. As per the evidence of PW.1 and case of the petitioner, her marriage with respondent was performed on 28.02.2016 at Laxmipally village of Chinnambavi mandal and at the time of marriage, her parents gave Rs.1,50,000/- cash, 3 tulas gold and ½ tula gold ring to the respondent towards dowry. After the marriage, the petitioner joined the company of the respondent and they lived together for three months. Thereafter, the respondent used to insult and harass the petitioner physically and mentally and he used to abuse her in drunken condition by suspecting her character. In the month of
December, 2016, the respondent driven out the petitioner by threatening not to come again and if she come to his house, he will kill her and since then, the petitioner staying at her parent’s house. The petitioner apprehending danger from the respondent and as such she is not interested to lead marital life with the 3 respondent and since, December, 2016 the petitioner is residing with her parents and as the respondent used to insult and harass her, the petitioner filed the present petition seeking dissolution of her marriage with the respondent which was solemnized on 28.02.2016 on the ground of cruelty.
6.The evidence of PW.1 stood unchallenged as the respondent failed to make his appearance to rebut the evidence of PW.1. The evidence of PW.1 clearly establishes that the respondent willfully driven out the petitioner from his house and since, December, 2016 the petitioner is residing separately as she apprehended danger from the respondent.
Therefore in view of unchallenged evidence of PW.1 and as the respondent failed to rebut the evidence of PW.1, I am of the opinion that the petitioner made out valid grounds for seeking the relief of decree of divorce against the respondent on the ground of cruelty.
Accordingly, I answered this point in favour of the petitioner.
In the result, the petition is allowed by granting the decree of divorce by
dissolving the marriage of the petitioner with the respondent which was
solemnized on 28.02.2016. In the circumstances there is no order as to costs.
Dictated to Personal Assistant, transcribed by him, corrected and
pronounced by me in open court, on the 12th day of July, 2017.
Senior Civil Judge,
Nagarkurnool, FAC Senior Civil Judge, Wanaparthy.
APPENDIX OF EVIDENCE
For Petitioner:- For Respondent.
PW.1 Bakki Madhavi -NIL-
For petitioner For Respondent.
Ex.P1 is the photographs -NIL- Ex.P2 is the wedding card
EXHIBITS MARKED
NIL
Senior Civil Judge,
Nagarkurnool, FAC Senior Civil Judge, Wanaparthy.