Y.V.B.G.S.Pardha Saradhi

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IN THE COURT OF THE IV ADDITIONAL DISTRICT

JUDGE:TANUKU

Present: Y.V.S.B.G.Pardha Saradhi IX Additional District Judge. FAC IV Additional District court

Wednesday on this 11th day of April 2018

Marriage O.P. No. 99 of 2018

Between:

Saka Ramya Keerthi --- Petitioner

AND

Manukonda Paul Vincent --- Respondent

This petition coming on 6-04-2018 before this court for final hearing in the presence of Sri. M.Subbaih, advocate, counsel for petitioner and respondent remained ex-parte and stood over for consideration till this day and to day this court pronounces the following

O R D E R

1. Petitioner filed the present petition for dissolution of her marriage with respondent that took place on 7-1-2017 by way of divorce under

Sec.10 (1) (x) of Indian Divorce Act.

2. Case of petitioner is that her marriage with respondent took place on 7-1-2017 as per Christian custom and ceremonies at Padmasri

Function Hall, Tanuku; marriage was consummated in the 2nd week of

January 2017, petitioner joined with respondent and from the beginning the respondent harassing that she is not suitable to him and used to harass her in sadistic manner and created threat to her life and limb; respondent harassed her sexually in a brutal and unusual way; petitioner informed the unusual behavior of respondent while sharing bed to her parents-in- law but they did not respond positively;; in the 2nd week of July 2017, 1 she informed the cruel behavior of respondent while sharing bed, parents of her came to their house and had talk with parents of respondent and on that the parents of respondent abused her as she placed the matter before her parents and asked her to leave their house and therefore, she came out from matrimonial home; she is having severe apprehension to her life in the hands of respondent and therefore, she is not interested to continue the marital ties with respondent and therefore, filed the petition for divorce on the ground of cruelty.

2. Notice to respondent served on his father. It is valid service.

Respondent not put up his appearance. Therefore, on 9-3-2018, set the respondent ex-parte and posted the matter for recording the evidence of petitioner and recorded the evidence on 6-4-2018.

3. To prove her case, petitioner examined herself as PW1 and marked

Exs.P1 to P3.

4. Heard the counsel for petitioner. Perused the entire evidence on record. Now the points pending consideration before this court are

1. Whether the petitioner is entitled for the relief of dissolution of her marriage with respondent performed on 7-1-2017 on the ground of cruelty ?

2. What is the result ?

5. POINT No.1:

i) To prove her case, petitioner examined herself as PW1 and deposed that her marriage with respondent took place on 7-1-2017 as per

Christian custom and ceremonies at a function hall in Tanuku; and from the beginning, respondent harassed her sexually in unusual manner and she could not tolerate the harassment in the hands of respondent and she informed the same to parents of respondent but they did not respond positively and as informed the same to her parents, parents of respondent forced her to leave the matrimonial home. As per evidence of PW1, it is 2 clear that the behavior of respondent is unusual and he used to harass the petitioner sexually and the petitioner is expecting danger to her limb and life from July 2017, she has not been living with respondent and she is not able to bear the harassment in the hands of respondent and therefore, there is no possibility for reunion and therefore, she filed the present petition for divorce.

ii) Respondent received notice through his father and remained ex-parte. To prove her marriage with respondent petitioner marked original marriage certificate as Ex.P1, Marriage photograph without negative as Ex.P2 and marriage invitation card as Ex.P3. As respondent received notice and remained ex-parte, the evidence given by petitioner

before court is unchallenged evidence. Unchallenged evidence of PW1

proves that respondent harassed the petitioner and he is not having interest to live with petitioner. According to petitioner, she is having apprehension of danger to her limb and life in the hands of respondent.

It appears that respondent is also not having interest to live with petitioner. Otherwise, he would have contested the matter. As the respondent is also not interested to live with petitioner, there is no need to continue the marital ties between petitioner and respondent. Even if this court dismissed the petition, there is no possibility for reunion of petitioner and respondent in view of unusual conduct of respondent. It is better to dissolve the marriage for the benefit of both parties. Therefore, this court considering the request of petitioner. Therefore, petitioner is entitled for the relief of divorce as prayed for.

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6. POINT No.2:

In the result, petition is allowed without costs. Marriage of petitioner with respondent that took place on 7-1-2017 at Padmasri function hall, Tanuku is hereby dissolved from this day i.e 11-4-2018 by way of a court decree on the ground of cruelty.

Typed by me and pronounced in open court on this 11-4-2018.

IX Additional District Judge

West Godavari at Kovvur FAC IV Additional District Court West Godavari at Tanuku

APPENDIX

WITNESSES EXAMINED

On behalf of petitioner:

PW1 - Saka Ramya Kirthi (Petitioner)

DOCUMENTS MARKED

On behalf of Petitioner:

Ex.P1 - Original Marriage certificate. Ex.P2 - Marriage photo without negative. Ex.P3 - Marriage invitation.

IX Additional District Judge West Godavari at Kovvur FAC IV Additional District Court West Godavari at Tanuku

OS.No.2/2018

Between:

Dr.Gudimetla Sandhya Reddy … Plaintiff

And

Dr.Gudimetla Rama Krishna Reddy alisa Gopala Reddy and others

... Defendants

09.04.2018

The matter is suemoto advanced from 26.04.2018 and transfer to the X

Additional District Court, Narsapur for disposal according to law along with connected

record O.S.No.6/2018 as per order, dt.27-03-2018 of the Hon’ble Prl. District Court,

Eluru, W.G.Dist. Communicated in Dis.No.2672, Dt.27-03-2018

OS.No.6/2018

Between:

Gudimetla Vijaya Rami Reddy … Plaintiff

And

Gudimetla Tulasi and others

... Defendants

09.04.2018

The matter is suemoto advanced from 26.4.2018 and transfer to the X Addl.

District Court, Narsapur for disposal according to law along with connected record

O.S.No.2/2018 as per order, dt.27-3-2018 of the Hon’ble Prl. District Court, Eluru,

W.G.Dist., communicated in Dis.No.2672, Dt.27-03-2018