HONOURABLE SRI JUSTICE B.PRAKASH RAO AND HONOURABLE SRI JUSTICE G.V.SEETHAPATHY CIVIL MISCELLANEOUS APPEAL No.2735 of 2000 JUDGMENT: (per the Hon’ble Sri Justice B.Prakash Rao) The appellant herein who is the husband filed this appeal under Section 28 of the Hindu Marriage Act (for brevity ‘the Act’) aggrieved against the order in O.P.No.124 of 1996 dated 02/08/2000 on the file of the Court of II Additional Senior Civil Judge, R.R.District, dismissing the application purported to have been filed under Section 13 (1) (i) (ia) of the Act seeking for divorce between the appellant and respondent No.1. Heard the learned counsel for the appellant. Heard the learned counsel for the first respondent. The brief facts which gave raise to present proceedings are that the appellant and respondent No.1 were married on 08/05/1977 and after a long time living together, there have been disputes and alleging that there is a cruelty on the part of the appellant herein, the first respondent filed a case under Section 498-A IPC in C.C.No.752 of 2005. Hence, he sought for divorce on the ground of cruelty. The said application was contested by the respondents denying the entire allegations thereunder. Thereafter, the parties went into trial and produced evidence from both sides. On behalf of the appellant, P.Ws.1 to 5 were examined and marked Exs.A-1 to A-17 whereas on behalf of the respondents R.Ws.1 to 4 were examined and no documents were marked. The Court below after taking into consideration all the aforesaid evidence and material on record, did not find favour with the request of the appellant herein mainly on the ground that since the case filed under Section 498-A IPC is pending and therefore, and further the Court below having regard to the aforesaid circumstances, refused to take into consideration the other material on record to give any finding as regards the cruelty. Thus, ultimately, without considering the aforesaid material on record, the Court below did not find its favour to accept the said request. Hence, the appeal. Learned counsel for the appellant submits that the said case in C.C.No.752 of 2005 was ultimately disposed of by acquittal as per the judgment dated 03/03/2006 on the file of the VII Metropolitan Magistrate, Cyberabad, and therefore, divorce should be granted. Having considered the submissions made and also on perusal of the material on record, and especially, in view of the reasons given by the Court below in the order, the Court below has no opportunity of considering the aforesaid material and also as to the effect of proceedings of Section 498-A IPC. Now that the proceedings under Section 498-A are already over and the other material has to be considered. Hence, the matter requires to be re-considered. Accordingly, the Civil Miscellaneous Appeal is allowed and the order dated 02/08/2000 in O.P.No.124 of 1996 on the file of the Court of II Additional Senior Civil Judge, Ranga Reddy District, is set aside and the said OP is remitted back to the Court below to dispose of the same afresh on merits and in accordance with law, within a period of three months from the date of receipt of a copy of this judgment. No costs. _________________ B.PRAKASH RAO, J ___________________ G.V.SEETHAPATHY, J 29th January, 2010 SKM