IMPORTANT POINT
Divorce – Ground of cruelty itself is sufficient to grant divorce.

JUDGMENT

Gadi Praveen Kumar, J.—We have heard Smt.N.Manga Shree, learned counsel for the appellant and Sri D.Pavan Kumar, learned counsel representing Smt.G.Bharathi Devi, learned counsel for the respondent, and perused the record.

2. The FCA arises out of an order dated 30-06-2023 passed by the learned Judge, Principal Family Court, City Civil Court at Secunderabad (for short ‘the trial Court’) in F.C.O.P.No.119 of 2018 filed by the respondent herein under the provisions of Section 13(1)(ia) and 13(1)(iii) of the Hindu Marriage Act, 1955 (for short ‘the Act’) praying the learned trial Court to dissolve the marriage between the parties, which took place on 28-08-2006 on the grounds of cruelty and incurable mental disorder and consequently, to grant permanent custody of the minor children, namely Aishwarya and Anirudh.

3. The learned trial Court, upon considering the pleadings, oral and documentary evidence, passed the order and decree dated 30-06-2023 dissolving the marriage dated 28-08-2006 between the appellant and respondent and granting permanent custody of the minor children Aishwarya and Anirudh in favour of the respondent till they attain majority.

4. During pendency of the present FCOP, this Court vide orders dated 05-09-2023 passed in I.A.No.1 of 2023 granted interim suspension of the impugned orders passed in FCOP No.119 of 2018.

5. To vacate the said interim order, the respondent herein filed I.A.No.1 of 2025.

6. The brief averments made in the OP are that the appellant is the legally wedded wife of the respondent herein, their marriage was performed on 28-08-2006 at Tirupathi. By the date of marriage, the respondent was working as software Engineer in USA whereas his parents were residing at Secunderabad. The respondent came down to Hyderabad for the purpose of marriage on two months leave, and upon completion of leave, the respondent went back to USA leaving the appellant herein along with his parents, to make arrangements for taking the appellant to join him in USA. Two months after the marriage, the appellant joined the respondent at USA and started leading matrimonial life. During the period of stay of appellant with him at USA, the respondent found that the appellant was indifferent despite the respondent showering his love and affection. Later the appellant started behaving wild and aggressively insulting the respondent irrespective of the location and respondent claimed that during such fights, the appellant used to throw the kitchen items at him. These fights continued even after the appellant conceived, and despite being pregnant, the appellant did not take care of herself and the needs of the baby. Thereafter the respondent called the parents of the appellant to be beside the respondent to give some strength, but they declined to come and stay in America for their purposes and reasons. Alternatively, at the request of the respondent, his parents arrived to USA and started taking care of the appellant for all her needs during her pregnancy period. Finally, the appellant herein gave birth to a wonderful female child on 21-04-2008.

7. It was further averred in the OP that when the respondent asked the appellant to change her attitude and to take care of the child and also her health, she became very furious and has shown her uncontrollable anger and she could not tolerate any one advising her even to do a good thing for her welfare and also the child.

8. It is further averred in the OP that the appellant could not tolerate the presence of her in-laws in the house. When the respondent asked the appellant as to why she is maintaining silence at all times, she became angry and wild by raising her voice in high pitch and started breaking all the articles in the kitchen without giving any answer. The respondent has to face the brunt of the appellant as she had thrown her footwear on his face in front of his parents without having any respect towards him.

9. It was the further case of respondent in the OP that the