IMPORTANT POINT
The main legal point established is that under the amended Section 10 of the Indian Divorce Act, a Christian spouse can seek divorce on grounds of cruelty and desertion, and the irretrievable breakdown of marriage is a valid reason for divorce.

JUDGMENT:

M.G. PRIYADARSINI, J.

Challenging the validity and legality of the order dated 28.02.2013 in F.C.O.P. No.637 of 2001 rendered by the Judge, Family Court, City Civil Court, Hyderabad, the present appeal is preferred by the husband, petitioner therein.

2. By the impugned order, the learned Family Court dismissed the F.C.O.P. filed by the husband, appellant herein, under Section 10 of the Divorce Act seeking dissolution of marriage that took place between the parties on 15.05.1995 on the grounds of cruelty and harassment.

3. The facts that are necessary for disposal of the present appeal are that the marriage of the petitioner-husband with the respondent-wife was solemnized on 15.5.1995 as per Christian customs and rites. The petitioner is Hindu and respondent is Christian by religion. By the date of marriage, the petitioner was working as Teacher in a private School at Dilsukhnagar and was drawing very meager salary and the respondent was working as Telephone Operator in Telugu Academy and was drawing monthly salary of around Rs 8,000/-. Immediately after the marriage, the petitioner joined the respondent and started living at her parents’ house with a view to search for a new house at Dilsukhnagar at the place where the petitioner was doing his job. The parents of respondent gave one room in the first floor of the house to the respondent and petitioner for their living. For the interview attended in the year 1994 before the marriage, the petitioner has got Government Teacher job at West Godavari District immediately after ten days of the marriage. The petitioner has advised the respondent to stay with her parents and left West Godavari District to join duty in the month of July, 1995. The petitioner used to visit the respondent at Hyderabad twice or thrice in a month and also at the time of lengthy holidays. After getting Teacher job at Hyderabad, the petitioner has resigned at Chintalapudi, West Godavari and came to Hyderabad and started searching for separate house but respondent refused to live in a separate house on the pretext of her pregnancy. On 13.4.1997 the respondent begot a male child after undergoing caesarian operation. The petitioner and his parents opposed the function on 15th day since, as per customs, the ceremony has to be celebrated on 21st day. The parents and sisters of the respondent prevailed upon the petitioner's parents with regard to the ceremony and asked them to stay in the portion of the petitioner. Having no other alternative, they stayed in the portion of the petitioner. During their stay at Hyderabad, the mother and sister-in-law of the respondent insulted the petitioner's parents by removing articles one by one from the portion of the petitioner. On the 15th day, the mother of the respondent has locked the iron almirah in the portion of the petitioner and took away the keys. The petitioner when enquired the respondent, she told that for safety, her mother locked Almirah. The petitioner and his parents and other relatives felt insult about the incident and after function, they left Chintalapudi. The respondent's parents performed the function on 15th day, as a normal function but, without informing the petitioner, the respondent and their parents again performed cradle ceremony on 21st day in the absence of petitioner and their parents and relatives. The petitioner having felt scant regard from the respondent and her parents, has decided to live separately. Accordingly, the petitioner started living separately in a house at Chintal Basti, Hyderabad but the respondent refused to join him. While leaving the house of respondent, after due verification of all the packages and after satisfying herself, she allowed the petitioner to go out. After three months, she voluntarily came with household articles to the house of petitioner and joined him. During the stay, she picked up quarrels with the house owner and used to do things against the wishes of the house owner with a view to take the pet