In divorce proceedings under the Hindu Marriage Act, allegations of cruelty must be substantiated with credible evidence; insufficient proof leads to dismissal of claims for dissolution of marriage.

JUDGMENT:

A. Hari Haranadha Sarma, J.

Introductory:-

1. This is an appeal directed against the order and decree dated 29.12.2021 passed in F.C.O.P.No.634 of 2017 by VII Additional District & Sessions Judge, FAC-XIV Additional District & Sessions Judge- cum-Judge, Additional Family Court, Vijayawada.(for short “the Family Court”).

2. The appellant is the unsuccessful petitioner before the Family Court. The application filed by the appellant under Section 13 (1)(i-a) of the Hindu Marriage Act, seeking decree of divorce by dissolving the marriage dated 04.06.2014 between the appellant and the respondent, was dismissed.

3. For the sake of convenience, the parties will be hereinafter referred to as the petitioner and the respondent, as and how they are arrayed before the Family Court.

Case of the petitioner:

4(i). Marriage between the petitioner and respondent was solemnized on 04.06.2014 at Vijayawada as per Hindu traditions and customs. Marriage was consummated and the respondent joined the petitioner at the place where he was working, viz. Edison, N.J. on a dependent VISA. During wedlock, they were blessed with a minor child by name Gagan Nerella. As such, the child is a citizen of the USA by birth. The behaviour of the respondent was aggressive, adamant and violent. The respondent and her parents used to frequently criticize the petitioner and his parents in demeaning words and ways. The respondent used to pick up quarrels and act under the guidance and influence of her parents. She used to threaten that she would commit suicide. The petitioner was tolerating her psychic behaviour and she has even tried to cut her hands twice with a kitchen knife and by drinking toilet cleaner. The petitioner was led to depression due to the conduct of the respondent and he was taking treatment from the doctor. The respondent used to criticize the petitioner by comparing his physique and complexion with others and was asking the petitioner to undergo liposuction operation to reduce his size.

(ii). The petitioner tried to explain the behaviour of the respondent to her mother and she added her chorus to the songs of the respondent and openly proclaimed that their intention was to have their daughter settled in the USA and that they had compromised and accepted the match even though the petitioner was dark, fat and ugly. In the month of November, 2015, the petitioner and the respondent brought their child to India. The petitioner tried to explain the attitude and personality issues of respondent and he has also requested that, till the issues were settled, the respondent and the minor child be with the maternal grandparents. The respondent never allowed access of the minor child to the parental grandparents, even as against the wishes of the minor child. Efforts made by the petitioner to settle the issues did not yield positive results.

(iii). The child was born premature and under weight. Travel of the child to abroad is against the advice of doctors.

(iv). The petitioner suffered all harassment at the hands of the respondent. Therefore, the application was filed for dissolution of marriage and grant of divorce.

Case of the respondent:

5(i). All the allegations made by the petitioner against the respondent are false.

(ii). The marriage and the birth of minor child Gagan Nerella during wedlock at the U.S.A. are true.

(iii). The petitioner proclaimed from the beginning that his family is a well reputed family in Society and that he was getting Rs.10,00,000/- per month as salary in Indian rupees. He extracted huge amounts and gifts at the time of marriage. Within two months of marriage, the respondent became pregnant. The petitioner was under the influence of his mother and sister. Respondent was kept at arm‟s length from his life. She has treated only as a slave to satisfy his sexual needs, made to take care of household needs and as a nanny to take care of children. She was never treated as a conjugal partner with necessary love and affection. She was abused