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CHEQUE BOUNS CASE

Divorce – Now, FCA MP No.369 of 2012 has been filed by both the parties, duly signed by the parties as well as their Advocates, enclosing the affidavits of the petitioner-husband and respondent-wife along with Joint Compromise Memo. The respondent-wife in her affidavit accepted that she is living since last eight years separately, which must be construed as desertion both in law and on fact, and that since then she is living with her parents. It is also stated by the respondent-wife in her affidavit that since the date of marriage due to incompatible temperaments, both the parties have decided amicably to put an end to their marriage. We have examined both the parties and made an attempt to reconcile the parties and advised them to live together leading happy marital life, to which both the parties have not accepted the proposal. The respondent-wife accepted before us that she herself left the company of the husband and she is living separately for more than 8 years by deserting her husband. This OP was filed on 1-2-2008 and she states that she is living separately more than four years from the date of the O.P. was filed. Under section 13(1) (ib) of the Hindu Marriage Act, if the spouse has deserted the other party for a continuous period of not less than two years immediately preceding the presentation of the petition, the person complaining the desertion is entitled for the dissolution of the marriage by a decree of divorce. As one of the grounds in the O.P. is ‘desertion’ and the same has been accepted by the wife, permanent alimony was also settled between the parties whereby the husband agreed to pay Rs.26,00,000/- vide D.D.No.329504 dated 2-7-2012 drawn on SBI, NRI Branch, Vijayawada payable at Hyderabad, and the said D.D. has been received and acknowledged by the wife, we are inclined to allow this petition seeking dissolution of the marriage between the parties. Accordingly, the FCA MP 369 of 2012 is allowed. Consequently the FCA also stands allowed granting dissolution of marriage between the parties and a decree be drawn in terms of the joint compromise memo filed by both the parties. No costs.

Seal of Andhra Pradesh

Seal of Andhra Pradesh (Photo credit: Wikipedia)

THE HON’BLE SRI JUSTICE V. ESWARAIAH

AND

THE HON’BLE SRI JUSTICE M.S. RAMACHANDRA RAO

FCA MP NO.369 OF 2012

AND

FCA  NO.111 of 2012

 

 

BETWEEN

T. Harinarayana

And

Kamakshi Devi

THE HON’BLE SRI JUSTICE V. ESWARAIAH

AND

THE HON’BLE SRI JUSTICE M.S. RAMACHANDRA RAO

FCA MP NO.369 OF 2012

AND

FCA  NO.111 of 2012

Order : ( Per Sri VE,  J )

FCA MP No.369 of 2012 has been filed  praying the Court to pass a decree dissolving the marriage between the petitioner and the respondent as per the terms and conditions of the Joint Compromise Memo filed along with the application.

Originally, OP No.77 of 2008 has been filed by the petitioner-husband, against the respondent-wife, seeking divorce by dissolving the marriage with the respondent, under sections 13(1)(ia) and (ib) of the Hindu Marriage Act, on the grounds of cruelty and desertion.

According to the petitioner, their marriage was performed at Venkateswara Swami Kalyana Mandapam, R.R.Pet, Eluru in accordance with the Hindu rites and customs. Their marriage was consummated and they led happy marital life for a period of 10 months.  It is the case of the petitioner-husband that the respondent-wife developed aversion towards him and used to insult him in the presence of the family members and their relatives and that the petitioner with a fond hope that she will change her mind kept silent for so many years, but the respondent-wife did not change her mind and she expressed her intention that she had no intention to marry the petitioner but her marriage took place on the compulsion of her parents and elders.

It is the further case of the petitioner-husband that he has been subjected to physical and mental cruelty at the instance of the respondent-wife and that the respondent-wife also not cooperated him for the marital life and that she herself deserted the company of the petitioner without any intimation from 21-11-2004.

The respondent-wife filed counter denying all the allegations made in the OP.  On the other hand  she made counter allegations stating that at the time of marriage her parents gave Rs.10,00,000/- as dowry besides 30 sovereigns of Gold and ‘Saresaman’ worth of Rs.1,00,000/- to the petitioner. At the time of their marriage, she was working in Nagarjuna Fertilizers Limited, Kakinada as Engineer and drawing handsome salary.  She further stated that mediation took place for  settlement of the differences of the parties and that she was very much interested towards the petitioner in leading conjugal life but the petitioner himself deserted her demanding additional dowry of Rs.10,00,000/- for getting a job in a foreign country.

The petitioner husband was examined as P.W.1 besides examining P.Ws. 2 and 3 in support of his averments to establish the grounds of cruelty and desertion.  On the other hand, the respondent-wife examined herself as RW.1 and her father as RW.2 and family elder as R.W.3.  Exs.A.1 to A.6 were marked on behalf of the petitioner, whereas no documentary evidence was adduced by the respondent-wife.

The Judge, Family Court, West Godavari at Eluru, on appraisal of the evidence on record, held that the grounds of cruelty and desertion were not established and therefore dismissed the O.P. by order dated 25-11-2008 in O.P.No.77 of 2008.  Aggrieved by the same, the above FCA has been filed by the husband.

Now, FCA MP No.369 of 2012 has been filed by both the parties, duly signed by the parties as well as their Advocates, enclosing the affidavits of the petitioner-husband and respondent-wife  along with Joint Compromise Memo.  The respondent-wife in her affidavit accepted that  she is living since last eight years separately, which must be construed as desertion both in law and on fact, and that since then she is living with her parents.  It is also stated by the respondent-wife in her affidavit that since the date of marriage due to incompatible temperaments, both the parties have decided amicably to put an end to their marriage.

We have examined both the parties and made an attempt to reconcile the parties and advised them to  live together leading happy marital life, to which both the parties have not accepted the proposal.  The respondent-wife accepted before us that she herself left the company of the husband and she is living separately for more than 8 years by deserting her husband.  This OP was filed on 1-2-2008 and she states that she is living separately more than four years from the date of the O.P. was filed.  Under section 13(1) (ib) of the Hindu Marriage Act,  if the spouse has  deserted the other party for a continuous period of not less than two years immediately preceding the presentation of the petition, the person complaining the desertion is entitled for the dissolution of the marriage by a decree of divorce.  As one of the grounds in the O.P. is ‘desertion’ and the same has been accepted by the wife, permanent alimony was also settled between the parties whereby the husband agreed to pay Rs.26,00,000/- vide D.D.No.329504 dated 2-7-2012 drawn on SBI, NRI Branch, Vijayawada payable at Hyderabad,  and the said D.D. has been received and acknowledged by the wife, we are inclined to allow this petition seeking dissolution of the marriage between the parties. Accordingly,  the FCA MP 369 of 2012 is allowed.  Consequently the FCA also stands allowed granting dissolution of marriage between the parties and a decree be drawn in terms of the joint compromise memo filed by both the parties. No costs.

 

 

________________

V. ESWARAIAH, J

 

 

________________________
M.S. RAMACHANDRA RAO, J

 

Date : 5 -7-2012

kk

 

 

 

 

 

 

 

THE HON’BLE SRI JUSTICE V. ESWARAIAH

AND

THE HON’BLE SRI JUSTICE M.S. RAMACHANDRA RAO

FCA No.111 of  2012

(Per Sri VE, J )

 

5-7-2012

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