CHILLAKUR SUMALATHA, M. G. PRIYADARSINI
Nuthalapati Srinivas – Appellant
Versus
Nuthalapati Suma – Respondent
JUDGMENT :
1. Questioning the validity in the findings given and the consequential conclusion arrived at by the Additional Family Court, Hyderabad, in O.P. No. 889 of 2007 through orders dated 11.01.2011, the present Appeal is preferred.
2. The appellant moved an application invoking the grounds of cruelty and desertion seeking a decree of divorce dissolving the marriage that was solemnized between him and the respondent. The Court, through the impugned order, negatived his request.
3. Heard Sri V. Sudhakar Reddy, learned counsel appearing for the appellant. Despite service of notice, none appeared for the respondent.
4. Stating that the Family Court ought to have relieved the appellant from the bondage, learned counsel for the appellant submitted that the respondent foisted series of false cases against the appellant and that apart, his mother, sister and brother-in-law were also implicated. Learned counsel submitted that the criminal case, alleging that the appellant and his family members committed offence punishable under Section 498-A IPC, ended in acquittal and the revision preferred also stood dismissed. Learned counsel contended that the respondent filed a Domestic Violence Cas
The main legal point established in the judgment is that in cases of irretrievable breakdown of marriage, a decree of divorce can be granted, and the court can consider the concept of irretrievable b....
Divorce cannot be granted solely on claims of cruelty and desertion by the husband when evidence suggests the wife's actions were justified due to the husband's conduct including second marriage.
An irretrievable breakdown of marriage is not a ground for divorce under Sec. 13 of the Hindu Marriage Act, 1955, and the marriage cannot be dissolved solely based on the parties living separately fo....
False accusations and long-term separation can constitute mental cruelty, justifying divorce under the Hindu Marriage Act.
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