Cruelty can manifest as mental mistreatment in marriage, justifying divorce when it culminates in the irretrievable breakdown of the relationship.

JUDGMENT :

A. HARI HARANADHA SARMA, J.

Introductory

1. Respondent/Wife in F.C.O.P. No.15 of 2008 on the file of the Judge, Family Court at Vizianagaram, feeling aggrieved by the order and decree dated 18.11.2008, whereunder the application filed by her husband was allowed, filed the present appeal. Under the questioned decree and order, the marriage between the parties was dissolved.

2. For the sake of convenience, the parties will be hereinafter referred to as the petitioner and the respondent as and how they are referred to in the impugned orders.

Case of the petitioner/husband:

3. (i) The marriage between the petitioner and the respondent was performed on 02.06.2002 as per their caste, custom and Hindu rites and the parties started their conjugal society at Pataduppada, Vizianagaram. During the wedlock, they were blessed with a girl child. From the beginning, the respondent was insisting on setting up a separate family and she used to go to her parents’ house without intimation to the petitioner. She was reluctant to come to the petitioner’s house, spending all her salary on her luxuries and used to quarrel on one pretext or the other.

(ii) She was not even preparing food and demanded that the entire salary of the petitioner be given to her. She did not even allow him to see their daughter. The attempts made by the petitioner to mend the attitude of the respondent did not yield any result. She used to come late in the nights and when the same was questioned, she threatened that she would lodge a complaint and get the petitioner arrested.

(iii) The respondent, in fact, wrote a letter asking him to give divorce but later sent a legal notice dated 14.06.2004 with false allegations. Both of them moved H.M.O.P.No.52 of 2004 on the file of learned Senior Civil Judge, Vizianagaram, for grant of divorce on the basis of mutual consent. But, as per the advice of the conciliators, they agreed to live together and the said application was closed.

(iv) Thereafter, the respondent joined him in the month of January, 2005. However, there was no change in her attitude. She opted for termination of pregnancy, exposing the petitioner mental agony. The advice of elders also did not yield any result. He got issued a legal notice dated 22.04.2005 and thereafter initiated the present proceedings for divorce.

Case of the respondent/wife :

4. (i) The allegations against her are all false.

(ii) The petitioner was sadistic and ill-treated her, used abusive and vulgar language and beat her indiscriminately. The situation was unbearable. The petitioner used to scold respondent’s father and even necked out the respondent from his house.

(iii) She was even put under lock in a room and was asked to sign on divorce papers. Having no other option, she signed the divorce papers pertaining to H.M.O.P.No.52 of 2004, but when the matter was came up for enquiry, due to fear that the real facts would come out, the matter was got referred to the Lok Adalat.

(iv) Even after the proceedings in H.M.O.P.No.52 of 2004, the petitioner continued harassing her and got issued a legal notice dated 22.04.2005. When the same was questioned, he informed her that on his previous instructions to the advocate, the notice was issued and that there was nothing to worry. Even after initiation of the present proceedings, the petitioner approached the respondent at her house, invited her to his house and she went along with her daughter. He repeated the acts of beating her and sent out her again.

(v)