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KUNURU LAKSHMAN, P. SREE SUDHA
Shetty Mruthyunjaya Rao – Appellant
Versus
Shetty Saritha – Respondent
JUDGMENT :
Kunuru Lakshman, J.
1. Heard Sri B.Mayur Reddy, learned Senior Counsel representing Sri P.Radhive Reddy, learned counsel appearing for the appellant and Sri Grandhi Gopala Krishna Murthy, learned counsel appearing for the respondent. Perused the record.
2. Feeling aggrieved and dissatisfied with the order and decree dated 29.12.2017 in O.P.No.1151 of 2012 passed by the learned Principal Judge, Family Court, Hyderabad, the appellant-husband preferred the present appeal. The appellant-husband filed the aforesaid O.P.No.1151 of 2012 under Section 13(1)(ia) of the Hindu Marriage Act, 1955 read with Section 7 of the Family Courts Act, 1984 seeking dissolution of marriage on the ground of cruelty, contending as follows;
(ii) Before the said marriage, the appellant used to stay in U.S.A.
(iii) He married in the year 2003 in India.
(iv) After the marriage, appellant and his first wife left to U.S.A. Later, the appellant was constrained to leave U.S.A. as his mother fell sick.
(v) But unfortunatel
Cruelty in marriage includes mental cruelty and can justify divorce when substantiated by evidence, as seen in the appellant's case against the respondent.
Marriage dissolution requires substantiation of cruelty and desertion, influenced by long-term separation, establishing irreparable breakdown and entitlement to permanent alimony.
The court emphasized that without credible evidence of alleged cruelty, and considering both parties' circumstances, substantial maintenance for the child is warranted despite marital dissolution.
Sufficient evidence of mental cruelty is necessary for divorce under Hindu Marriage Act, with financial conditions imposed for child support and no permanent alimony due to wife's independence.
The main legal point established in the judgment is that specific instances of cruelty must be proven, and reckless, false, and defamatory allegations constitute mental cruelty.
A marriage may be dissolved under the Hindu Marriage Act on grounds of cruelty and desertion when evidence shows a complete breakdown of the marital relationship, without any intention for reconcilia....
Allegations of cruelty must be supported by evidence; mere separation or previous marital issues do not justify divorce under the Hindu Marriage Act.
A party alleging cruelty in divorce must substantiate claims with relevant evidence; failure to do so results in dismissal of the petition.
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