THE HON’BLE SRI JUSTICE N.V. RAMANA AND THE HON’BLE SRI JUSTICE P. DURGA PRASAD C.M.A. No.3 of 2007 Oral Judgment: (Per N.V. Ramana, J.) This appeal is directed against the judgment and decree dated 31.10.2006 passed by the I Additional Senior Civil Judge, Rajahmundry, East Godavari District, allowing the petition in O.P. No. 312 of 2004, filed by the respondent for dissolution of her marriage with the appellant by granting divorce. We have heard the learned counsel for the appellant-wife and the learned counsel for the respondent-husband and having perused the judgment under appeal, we find no reason whatsoever to interfere therewith. The appellant is the husband while the respondent is the wife. The marriage of the appellant with the respondent was performed on 01.06.1991. The respondent is no other than the appellant’s sister’s daughter. The respondent contended that there has been no discharge of marital obligations between her and the appellant. It is the admitted case of the appellant and the respondent that they earlier filed O.P. No. 114 of 2003 under Section 13-B of the Hindu Marriage Act, 1955 for divorce by mutual consent. The same was dismissed for default on 16.02.2004. The certified copies of the petition in O.P. and the order dismissing the O.P. for default are marked as Exs. P2 and P1. The Court below found that in paras 6 and 7, the appellant and the respondent admitted that there has been no cohabitation and that for society’s sake, outwardly they are living as husband and wife in the society. Though the appellant made allegations that the respondent was not co-operating for leading marital life and that she was having illicit affair with another person, the Court below disbelieved the evidence produced by the appellant in that regard, and held that such allegations by the appellant amounts to cruelty towards the respondent, and considering the stand taken by the appellant in O.P. No. 114 of 2003, as noted above, which he did not deny, the Court below came to the conclusion that the appellant had not been discharging his marital obligations towards the respondent, and that also amounted to cruelty. Having re-appreciated the evidence on record once again, we are unable to reach findings different from the one arrived at by the Court below. The findings recorded by the Court below, being based on proper appreciation of the evidence on record, we find no reason whatsoever either to disturb the findings or interfere with the judgment under appeal. There is no merit in the appeal, and the same is accordingly dismissed. No costs. ________________ N.V. RAMANA, J. ____________________ P. DURGA PRASAD, J. Dated: 18th October, 2011 KSR