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.

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 before the Senior Civil Judge's Court, at Medak, on the ground of desertion. The said petition was filed on 05.09.2008. The pre-condition to file application seeking dissolution of marriage on the ground of desertion is that the desertion should have for a continuous period of at least two years prior to the date of presentation of the petition. Therefore, it does not fulfill the said condition of two years. Therefore, the petitioner has withdrawn the said ground. Considering the said facts, learned Family Court in the impugned order in paragraph No.13 held as follows:-

13. However, the evidence indicates that the initial fissures in the relations between the petitioner and the respondent and their respective families only widened further in course of time culminating in the circumstances in which the "Annaprasana" ceremony of their child was performed in Guntur in the first week of February, 2008, when the petitioner and his parents who were invited by the respondent's family for that function felt insulted and the respondent demonstrated extreme unwillingness to go back to her martial home. From then onwards, the petitioner and the respondent have been living separately from each other and the petitioner filed Op No.57/2008 before the Court of Senior Civil Judge at Medak which was transferred to this Court by the Hon'ble High Court and was renumbered as the present OP. The OP was filed U/sec. 13 (1)(a) and (ib) of the Hindu Marriage Act, 1955 i.e., on the grounds of cruelty and desertion. However, the precondition for enforcing the provisions of Sub-sec.1(ib) of the Act is that the desertion should have been for a continuous period of at least, two years prior to the date of presentation of the petition and as the present petition which was originally filed on 5-9-2008 does not fulfill this condition, the prayer made under this provision of law has been withdrawn and as such has only the ground of cruelty dealt with under sub section (1) (ia) of the Act that has to be taken into consideration.

5. As discussed supra, the aforesaid O.P. was filed seeking dissolution of marriage on the ground of desertion. Thereafter, the respondent/husband had filed I.A.No.619 of 2013 in O.P.No.1241 of 2010 under Order VI Rule 17 of CPC seeking to permit him to amend the provision invoked in the O.P. He wanted to include Section 13(1) (ia) of the Hindu Marriage Act also, which is a ground of cruelty. Vide order dated 03.04.2014, learned Family Court allowed the said application. Feeling aggrieved by the said order, dated 03.04.2014 passed in I.A.No.619 of 2013 in O.P.No.1241 of 2010, the appellant/wife filed CRP No.1249 of 2014, This Court vide order dated 22.09.2014 allowed the said CRP and order under revision dated 03.04.2014 in I.A.No.619 of 2013 in O.P.No.1241 of 201