Document Fragment View

Matching Fragments

3. The respondent further stated in his application that the appellant left his house on 20.8.1996 without informing him and after waiting for a week and finding no information, he issued a legal notice to the respondent on 27.8.11886 to her father's address asking her to undergo thorough medical checkup and rectify her attitude, as otherwise, it has become practically impossible for him to live with her any longer and to continue marital relations. To the said notice, the appellant issued a reply on 9.9.1996 denying all the material allegations. In her reply she also stated that he is living an immoral life having illicit relationship with one Smt. Chakali Pullamma and in order to get rid of the appellant, he created all problems and blaming her. It is also stated in the said reply notice that the said Chakali Pullamma is a mother of two children and leading a respectable life by attending to various house in collecting clothes for ironing, including the house of the respondent. The respondent further stated in his application that he never beat or harassed her. He denied that the appellant tolerated any atrocities at his hands. He is also not aware of any complaint said to have been given by the appellant to the police. He also denied that he beat the appellant and necked her away from the house on 20.8.1996 along with her son and that on that count she took shelter in her parents house.

4. The respondent further stated in his application that apart from the embarrassment caused at the hands of the appellant for the last two years, the false allegations invented and made by her regarding his alleged illicit intimacy with Smt. Chakali Pullamma and that he is leading an immoral life with her are wild adding insult to the injury and it amounts to mental cruelty. The respondent further stated that, therefore, it has become difficult for him to live with the appellant. The respondent further stated that on account of her wild allegations involving Smt. Chakali Pullamma, the appellant caused problems even in the family of Smt. Chakali Pullamma. It is stated that the allegations made by the appellant in her reply notice caused serious mental agony to him and his parents. According to the respondent, all the above acts of the appellant constitute cruelty within the meaning of that term in Section 13(1)(ia) of the Act. The respondent further stated that the marriage between them has broken down irretrievable and there is no chance of his living a marital life with her. Hence, the O.P.

17. P.W. 5, the brother of P.W. 1 and who has been practising as an Advocate at Hyderabad, deposed that after one year of the marriage, the appellant started creating problems for the respondent, that in March, 1978 he shifted the parents to Hyderabad with an intention that the parties might live happily, but in spite of this the appellant did not maintain cordial terms with her husband. P.W. 5 further stated in his evidence that even in his presence the appellant quarrelled with the respondent on many occasions and dragged the family affairs on to the streets. In the cross-examination he stated that since 1979 he has been living in Hyderabad. It was suggested to him that he was not visiting Kallur and no incident of misbehaviour on the part of the appellant took place in his presence, which he denied.