BEFORE THE HON’BLE COURT SENIOR CIVIL JUDGE AT
KANDUKUR
H.M.O.P No.195/2021
[Link] Madhava Rao
S/o. Sri Ramulu,
No.9-310, Kanumalla Road,
Edgamitta, Singarayakonda
Prakasam District, Andhra Pradesh.
…Petitioner
-VS-
[Link] Alivelamma
W/[Link] Madhavarao
No. 1179, J.J. Nagar, J Street,
Korukkupet, Washermenpet Post,
Chenani- 600 021.
…Respondent
COUNTER FILED BY THE RESPONDENT
The respondent address for the service is that of her
counsels
1. The respondent submit that she gone through the
Petition filed by petitioner and the allegation and averments
made in the petition as utter false-hood and highly motivated
and she deny all the allegations therein except those that are
specifically admitted herein and put the petitioner to strict
proof of the same.
2. The respondent partly admits that contents of Para 3
(first portion) of the petition but put to strict proof to the
remaining part of the petition. The respondent submits that
the marital life of the respondent with her husband Pidathala
Madhava Rao was cordial, united in the beginning, the same
could not last long due to the recalcitrant attitude of him and
his father, mother, brother and brother’s wife who ill advised
him and insisted the respondent to bring the money from her
mother.
3. The respondent states that the respondent effect to
convince the petitioner and her in-laws stating that her
father incurred heavy debts in connection with giving
education to her and for her marriage and as such, she was
not inclined to pressurize her father for money, where of no
avail and the respondent’s husband were very adamant used
to tease the respondent and indulge in using filthy language
against her and her father, whenever the respondent refused
to comply with their unlawful and unreasonable demand for
dowry by way of cash and they very often used to ask the
respondent in a filthy language.
4. The respondent submits that year after year the
petitioner again started to harass respondent for no fault on
her and always used to suspect the respondent for each and
every small thing. As a result the respondent had spent many
sleepless nights and thus mentally disturbed and the
respondent led a life coupled with suspicion and quarrel. As
a dutiful wife the respondent provided everything to the
petitioner.
5. The respondent submits that after seeing her
husband’s activities, the respondent’s father and relatives
made enquiries with the relative and friends about the
petitioner and on that enquiry the respondent and her family
came to know that the respondent’s husband is having illicit
intimacy with one Mrs. who is the close
relatives of the petitioner’s even one year prior to the
marriage with respondent and also continued to live her as a
husband and has children, despite the respondent is living
with the petitioner. Thus the petitioner has cheated the
respondent and her family further the petitioner is addicted to
all sorts of vices. The respondent submits that the
petitioner’s family completely suppressed and hidden all his
status, behavior and character of the petitioner and thus the
petitioners had willfully cheated the respondent and her
family to obtain the consent for the marriage, when the
respondent questioned about the illicit intimacy with the
above lady petitioner used to beat the respondent
indiscriminately and threatened the respondent for dire
consequences. The respondent submits that on
28.01.2018 when the respondent asked petitioner to pay for
the day today provisions expenses immediately the petitioner
pickedup quarrels with the respondent and attacked her with
broomstick and pushed her in to the soil threatened to left
the matrimonial home immediately. Due to the attack the
respondent has sustained swelling injuries on her body and
she took treatment for the same by spending huge amount.
6. The respondent submits that subsequently that on
1.5.2018 the petitioner has thrashed the respondent from
the matrimonial home and with no other alternative the
respondent has took shelter at her father’s home at Chennai
and subsequently the respondent’s father and mother were
also died hence the respondent is struggling to look after
here daily needs and when the respondent has requested the
petitioner for reunion for the sake of children but to her
dismay the petitioner has refused for reunion and demanded
the respondent to give consent for the second marriage and
when the respondent not agreed for the same, again the
petitioner threatened respondent for dire consequences,
hence the respondent immediately approached the police in
person but to her dismay the police personal has not taken
any action till now.
7. This respondent submits that the petitioner
concealing all the above facts approached this Hon’ble court for
dissolution of marriage between them with ulterior intention
with false allegations and grounds. This respondent submits
the petitioner illtreated the respondent several times at the
matrimonial home. This respondent submits that the gold
jewellery of sovereigns are store up in the petitioner’s
resident only. The petitioners have no locustandi to file the
above case against the Respondent herein. The respondent
submits that the petition averments in do not disclose any
cause of action for the petitioners to file the above case against
the Respondent .The respondent submits that documents filed
along with the petition and also the averments made in the
petition do not disclose any cause of action for the petitioners
to file the above petition against the Respondent and the same
are do not give rise to any cause of action for the petitioners.
The respondent reserves her right to file additional counter if
any in the above case.
8. The respondent submits that the case of the
petitioners are based on the complete false hood and
petitioner has approached this Hon’ble court with unclean
hands. The petitioners have no right to file the petition either
in law and on facts. The petition has to be dismissed in
lumini.
It is therefore prayed that this Hon’ble Court may be
pleased to pass on order to dismiss the above petition with
costs and thus render justice.
Dated at Kandukur on this th day of May 2024.
Counsel for the Respondent The Respondent
Verification
I [Link] Alivelamma, F/A 43 years, W/o.
Pidathala Madhava Rao, the above defendant respectively do
hereby declare that the above stated facts are paragraph 1 to 8
is true to the best of my knowledge and belief.
The Respondent
