Salma Begum v. The Director, Health Service Department, Government

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.13412 OF 2006 ORDER:

Heard learned counsel for the petitioner. None appeared for the third respondent.

The case of the petitioner is that her marriage was performed with the third respondent on 17.01.1977 as per the Muslim rites and customs at Hyderabad. At that time, the third respondent was working as Non-medical Assistant in Medical and Health Department. She joined her husband at Nagarkurnool, Mahabubnagar District. After six months, her husband started harassing her. Thereafter, her husband was promoted as Deputy Para Medical Officer and she was sent to his native village, Veljal, Thalakondapally Mandal, Mahabubnagar District to serve his mother, who was a paralytic patient. Later on, she came to know that after she left home, her husband contacted second marriage with another woman on 25.01.1993. Her mother-in-law expired in the year 1994. Though she expressed her willingness to live with her husband, her husband did not take her.

She filed M.C.No.146 of 2003 before the Additional Family Court, Hyderabad and her husband filed a counter along with a letter purported to have been written by the petitioner expressing her consent for the second marriage. The petitioner denied the same. The signature on the said consent letter for the second marriage was a forged signature. In those circumstances, she submitted a representation to the respondents 1 and 2 on 27.03.2006 by bringing to their notice about the illegality committed by her husband. The same was followed by a reminder on 24.04.2006. When no orders were passed, the present writ petition was filed.

The third respondent was aged about 52 years as on 2006 and he must have retired from service by now. The petitioner has not given any

cogent reasons for not taking action immediately after her husband deserted her. The petitioner had also not stated anything with regard to the events that had taken place from 1994 to 2003 when she filed a maintenance case. The result of such maintenance case is also not stated in the affidavit.

In the circumstances, no direction can be given to the Authorities at this length of time.

The writ petition is accordingly dismissed.

Consequently, miscellaneous petitions pending, if any, shall stand closed. __________________________ A.RAMALINGESWARA RAO, J 27.06.2017 pln