(per Hon‟ble Sri Justice Ravi Nath Tilhari)
Heard Sri K. A. Narasimham, learned counsel for the appellant and Sri
Anup Koushik Karavadi, learned counsel for the respondent.
2. The appellant is the husband and the respondent is the wife.
3. This appeal arises out of the judgment and decree dated 06.08.2004
in HMOP.No.64 of 2002 on the file of the Judge, Family Court-cum-V Additional
District Judge, Tirupati, by which the HMOP filed by the appellant/husband
seeking divorce under Section 13 (1A) (ii) of the Hindu Marriage Act, 1955 was
dismissed.
4. The appellant and the respondent were married on 05.02.1992 as per
the Hindu rites and customs. They have one male child. Due to some
differences and disputes between them, initially the divorce OP.No.113 of 1999
was filed by the husband, whereas the wife filed OP.No.114 of 1999 for
restitution of conjugal rights under Section 9 of the Hindu Marriage Act. The
wife had already filed maintenance case MC No.35 of 1995 against the
husband, which was allowed awarding the maintenance to the wife and also to
the son. O.P.Nos.113 and 114 of 1999 were decided by the common Order
dated 12.07.2001, the petition for divorce was dismissed and the petition for
restitution of conjugal rights was allowed. The contention of the husband is
RNT, J & MRK, J
that the wife failed to join the husband and there was no restitution of conjugal
rights pursuant to the decree for restitution of conjugal rights in O.P.No.114 of
1999 for a period of one year and hence he filed HMOP No.64 of 2002 seeking
divorce under Section 13 (1A) (ii) of the Hindu Marriage Act.