IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
C.V. NAGARJUNA REDDY, G. SHYAM PRASAD, JJ.
Kalapatapu Lakshmi Bharati - Appellant
Versus
Kalapatapu Sai Kumar - Respondent
CMA Nos. 470 & 573 of 2006
Decided On : 31-08-2016
Family and Personal Law – Hindu Marriage Act, 1955 – Section 13(i)(a) and (i)(b) – Dissolution of marriage – Parties have been living separately for nearly 14 years – Case of appellant that her marriage with respondent was solemnised as per Hindu rites; that out of their wedlock, a male child by at time of the marriage, respondents family made appellant believe that former was Managing Director company that the business was in a good condition; that after the marriage, the appellant came to know that there was a complete downfall in business of respondent; that as financial crises engulfed the family, the appellant joined College as a Lecturer; that respondent used to take appellants entire salary and ill-treat her; and that respondent used to cause mental torture to the appellant due to inferiority complex due to his lesser educational qualifications than the appellant – Appellant further pleaded that respondent was in heavy debts, as result of which, a number of creditors have filed cases against him that on one occasion, some of creditors along with rowdies beat the respondent and took away two vehicles belonging to him; that he has sent appellant to her maternal house demanding to bring money; that out of love and affection, the appellants father had arranged a sum of Rs.3 lakhs; that having noticed problems being faced by the appellant, her mother-in-law had suggested to her to go over to Hyderabad with his son and continue her higher education; that as per the said advice, appellant has put up her family and joined as a Research Scholar for Ph.D in Micro-Biology during June 1999, with financial assistance of her father; that even during her stay at Hyderabad, the respondent used to visit the appellant frequently and cause mental torture to her; that the respondent used to spread scandalous remarks against the appellant; that due to the sadistic behaviour of the respondent – Held, where there has been a long period of continuous separation, it may fairly be concluded that matrimonial bond is beyond repair – Marriage becomes a fiction though supported by a legal tie. By refusing to sever that tie, the law in such cases, does not serve sanctity of marriage; on the contrary, it shows scant regard for the feelings and emotions of the parties. In such like situations, it may lead to mental cruelty – In the light of undisputed fact that the parties have been living separately for nearly 14 years, there may be no escape from the conclusion that the marriage has irretrievably broken down – As held by Supreme Court, a long time separation itself would lead to mental cruelty – Therefore, irrespective of the findings of the lower Court on the failure of the appellant to prove mental cruelty, she is entitled to a decree for dissolution of marriage on the sole reason that there is no possibility for reunion of the parties in order to live together. Since the marriage between parties has irretrievably broken down, any attempt to force the parties to live together would tantamount to causing mental cruelty and would only prolong the mental agony of parties for the rest of their lives – Appeals are allowed.
C.V. Nagarjuna Reddy, J.
These two Civil Miscellaneous Appeals arise out of common order, dated 25.11.2005, in HMOP Nos. 310 of 2004 and 270 of 2005 on the file of the learned I Additional Senior Civil Judge, Guntur.
The appellant in both these appeals filed HMOP No. 310 of 2004 under Section 13(i)(a) and (i)(b) of the Hindu Marriage Act, 1955 (for short the Act) for dissolution of marriage. The respondent has filed HMOP No. 270 of 2005 under Section-9 of the Act for restitution of conjugal rights.
It is the pleaded case of the appellant that her marriage with the respondent was solemnised on 13.10.1995 as per Hindu rites; that out of their wedlock, a male child by name Sri Vatsava was born on 29.6.1997; that at the time of the marriage, the respondents family made the appellant believe that the former was the Managing Director of Vinayak Sai Investment Limited; that the business was in a good condition; that after the marriage, the appellant came to know that there was a complete downfall in the business of the respondent; that as the financial crises engulfed the family, the appellant joined SSR College, Nizamabad as a Lecturer; that the respondent used to take the appellants entire salary and ill-treat her; and that the respondent used to cause mental torture to the appellant due to inferiority complex due to his lesser educational qualifications than the appellant.
The appellant further pleaded that the respondent was in heavy debts, as a result of which, a number of creditors have filed cases against him at Nizamabad; that on one occasion, some of the creditors along with rowdies beat the respondent and took away two vehicles belonging to him; that he has sent the appellant to her maternal house demanding to bring money; that out of love and affection, the appellants father had arranged a sum of Rs.3 lakhs; that having noticed the problems being faced by the appellant, her mother-in-law had suggested to her to go over to Hyderabad with his son and continue her higher education; that as per the said advice, the appellant has put up her family at Hyderabad and joined as a Research Scholar for Ph.D in Micro-Biology during June 1999, with the financial assistance of her father; that even during her stay at Hyderabad, the respondent used to visit the appellant frequently and cause mental torture to her; that the respondent used to spread scandalous remarks against the appellant; that due to the sadistic behaviour of the respondent, the appellant was forced to discontinue her Ph.D Course; that later, when the appellant applied for a seat in the University of Louisiana, U.S.A., her visa application was rejected due to the handiwork of the respondent; that, at last, the appellant secured a seat in a University in U.S.A. during, 2002, but, due to the intervention of the respondent, all her efforts were nullified; that the respondent has stopped all his activities at Nizamabad and totally shifted to Hyderabad by joining the appellant; that as the respondent has become penniless, he stepped up his harassment towards the appellant; that in spite of the appellants parents and her paternal uncle requesting the respondent to mend his ways, he did not heed to their request; that on one day, the respondent has locked the appellant, her child and her parents in a room and went away and did not return till night; that after his return, he abused the appellant in filthy language and assaulted herself and her child and the mother of the appellant was badly beaten up; that being thrown out, the appellant has returned to Guntur and started living with her parents there; that the appellant has admitted her son in a school at Guntur and she has joined as a Lecturer in GVR College, Guntur for eking out her livelihood; that all her efforts to adjust with the respondent proved futile; that as a last hope, the appellant has taken the respondent to Dr. K.R. Reddy, a famous Psychiatrist in 2002; and that after the counselling, the doctor has pres
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