IMPORTANT POINT
The judgment highlights the importance of proving allegations of cruelty and desertion, the impact of filing complaints, and the breakdown of meaningful bonds as grounds for divorce.

COMMON/JUDGMENT

Sri K. Lakshman, J. - Lis involved in both the appeals and the parties are one and the same. Therefore, both the appeals were heard together and decided by way of this common order.

2. Heard Mr. Kowturu Pavan Kumar, learned counsel for the appellant/wife and Mr. Vedula Srinivas, learned senior counsel representing Smt. Vedula Chitralekha, learned counsel appearing for the respondent.

3. Feeling aggrieved and dissatisfied with the common order dated 15.02.2016 passed in O.P.No.3 of 2012 and O.P.No.793 of 2011 by the Judge, Family Court, City Civil Court at Hyderabad, the wife preferred these two appeals.

Facts of the case:-

4. The marriage of the appellant/wife with the respondent/ husband was solemnized on 10.06.2006 at Eluru West Godavari district as per Hindu rites and customs. It is an arranged marriage. They stayed together in Vengalrao Nagar, Hyderabad in June and July, 2006. After marriage, respondent/husband secured a good job in USA and as such in the month of July, 2006, he left for USA. The appellant/wife also joined the respondent/husband in USA in February, 2007. They blessed with a baby boy on 15-12-2007 at Eluru. Both the appellant as well as respondent along with their son stayed in USA from May, 2008 to November, 2008. Thereafter, matrimonial disputes arose between them.

5. The respondent/husband had filed O.P.No.98 of 2009 which is re-numbered as O.P.No.1645 of 2010 against the appellant/wife seeking dissolution of marriage on the ground of cruelty and desertion. The same was dismissed on the ground that the respondent/husband did not sign petition himself in terms of Rule 6 of the Family Court Rules. Therefore, respondent/husband had filed O.P.No.3 of 2012 seeking dissolution of marriage on the ground of cruelty and desertion contending as follows:-

i. The appellant /wife did not cooperate with him to join in USA and she insisted him to take up employment in India preferably in Hyderabad.

ii. After much persuasion, she went to USA.

iii. On 26.02.2007 she became pregnant. After confirmation of pregnancy, the attitude of the appellant/wife became very adamant and abnormal and she persisted him to travel to India against medical advise.

iv. During October, 2007, she returned to India and delivered a male child at Eluru on 15.12.2007.

v. On persuasion by respondent/husband and his parents, the appellant/wife along with her son again went to USA in November, 2008. Within a short period, she complained joint pains and returned to India in the month of November, 2008 and underwent treatment at Hyderabad. During that period, at the request of the appellant/husband, her son was taken by the respondent's parents to Nizamabad so that she would not be disturbed during her treatment.

vi. Thereafter, though the appellant/wife fully recovered from the illness, there was no proper response from her about her plan to travel back to USA in spite of repeated request.

vii. There was a total communication failure from the side of the appellant/wife. Even as the respondent was inquiring with the appellant/wife via e-mails to send her the air tickets, there was no reply from her. As such, having become vexed with the attitude of the appellant/wife, the respondent/ husband had got an OP filed in Nizamabad court for divorce.

viii. In the intervening night of 7/8.10.2010, he came to New Delhi where he was detained by the immigration authorities at Indira Gandhi International Air Port and was confined in the Air Port Police Station and a Police Officer of Hyderabad, brought him to Women Police Station at CCS, Hyderabad on 10.10.2010.

ix. Later he came to know that the wife had filed a police complaint alleging dowry harassment which was registered as a case in Cr.No.318 of 2010 on 27.05.2010 against the respondent/husband and his parents, brother and sister.

x. At that time, his father was working as Additional District Judge, Asifabad, Adilabad district.

xi. On 25.10.2010 the appellant/wife has sent a complaint to the Hon'ble Chief Jus