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KUNURU LAKSHMAN, SUJANA KALASIKAM
A. Asha Latha – Appellant
Versus
Abisetti Venkata Rao – Respondent
JUDGMENT :
(Kunuru Lakshman, J.)
1. Heard Mr. G.Pedda Babu, learned senior counsel for the appellant and Sri Vishnu Prasad Reddy, learned counsel representing Mr. K. Chenchu Rami Reddy, learned counsel for the respondent.
2. Feeling aggrieved and dissatisfied with the order dated 16.06.2016 passed in O.P.No.1241 of 2010 by the Judge, Family Court, Hyderabad, the appellant preferred the present appeal.
Facts of the case:-
3. The respondent/husband had filed a petition vide O.P.No.1241 of 2010 under Section 13 (1) (ib) of Hindu Marriage Act, seeking dissolution of marriage on the ground of desertion against the appellant/wife, before the Family Court, Hyderabad. His marriage with the appellant/wife was solemnized on 17.02.2005 at Brindavan Garden, Guntur as per Hindu rites and customs and the same was registered on 21.02.2005. After marriage, they lived together hardly for one month and thereafter, left to USA for short period. They blessed with a baby boy by name Master Satwik on 03.08.2007 at Virginia State, USA. Thereafter, disputes arose between them.
4. According to the respondent/husband, the appellant/wife deserted him. Thereafter, he had filed a petition vide O.P.No.57 of 2008 bef
A divorce decree cannot be granted without proper pleadings and evidence substantiating claims of cruelty, as procedural compliance is essential under the Hindu Marriage Act.
The court held that allegations of adultery, cruelty, and desertion must be substantiated with cogent evidence, and mere claims are insufficient for divorce.
The main legal point established in the judgment is the requirement for specific and substantiated instances of cruelty and desertion to support claims under Section 13(1)(ia) (ib) of the Hindu Marri....
The court affirmed that desertion and cruelty, established through evidence, justify the grant of divorce under Hindu Marriage Act, reinforcing the burden of proof on the petitioner.
For a decree of divorce under cruelty or desertion, credible evidence substantiating these claims is essential. The court found no such evidence and upheld the Family Court's decision.
Husband failed to prove cruelty or desertion in divorce suit; unproved illicit relationship allegation itself constitutes cruelty to wife; appellate court upholds trial findings absent perversity, re....
The court emphasized that cruelty must be substantial enough to justify divorce, reaffirming that minor disputes do not legally constitute cruelty under the Hindu Marriage Act.
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