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2022 Supreme(Telangana) 671

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
G.SRI DEVI, M.G.PRIYADARSINI, JJ.
S.Vinod Kumar Reddy – Appellant
Versus
G.Suhasini – Respondent
F.C.A.NO.164 of 2016
Decided on : 21-09-2022

Advocates:
Advocate Appeared:
For the Appellant : T SRIKANTH REDDY
For the Respondent: K RAMALINGESWARA SARMA

Headnote:

Hindu Marriage Act, 1955 - Section 13(1)(ia) – Seeking for dissolution of marriage - Ground of ‘cruelty - Decreed – Held, since respondent is living in her parental house and she also filed criminal case and domestic violence case against petitioner and his parents - She also implicated friend of petitioner in criminal case - Further efforts made by this court to settle issue between parties did not yield any result, and husband is not willing to take wife back, and wife is not willing for divorce, and since more than a decade both are living separately - Court is of considered view that wife by indulging in criminal and civil litigation has made the matrimonial bond beyond repair and subjected petitioner to ‘mental cruelty’ and on this ground petitioner is entitled to seek for divorce - Issue framed is answered accordingly - Impugned order and decree of trial court is set aside and O.P.No filed by petitioner /appellant is allowed and marriage between petitioner and the respondent held is dissolved and a decree of divorce is granted to petitioner - Appeal is allowed.

JUDGMENT :

M.G.Priyadarsini, J.

The appellant herein is the husband and the respondent is his wife. He filed O.P.No.218 of 2012 on the file of Family Court at L.B.Nagar, Rangareddy District under Section 13(1)(ia)of Hindu Marriage Act, 1955 (for short ‘the Act’) seeking for dissolution of marriage. The Trial Court vide order and decree dated 02.08.2016 dismissed the petition. Assailing the same, the husband is before this court.

2. For the sake of convenience, the parties will be referred to as per their array in the O.P.

3. The case of the petitioner – husband is that his marriage with the respondent was performed on 22.08.2010 and after the marriage, they visited Tirumala Tirupathi Devasthanam along with the family members of both sides, and their marriage was consummated.

    (i) That the petitioner was working as a Clerk in Vijaya Bank at the time of the marriage, and whereas the respondent was highly qualified women and completed her B.Tech and from the date of the marriage, she had temper, because of her educational qualification, and never respected the petitioner, and always used to behave with the petitioner adamantly and she never adjusted with the petitioner and his parents and used to force him to get separated from his parents, as a result, there were quarrels in between them.

(ii) That the marriage of the petitioner was proposed by one Sri Kamalakar Rao and the father of the respondent informed him that she had met some slight burn injuries over her neck part, as such, she used to wear the dress in full neck and that the petitioner and his family members believed the version of her father and without any suspicion he married her and on the first day night the petitioner was shocked because her neck and breast portion was completely burnt and she is not fit for marital life and that the father of the respondent cheated him by suppressing the reality and that the petitioner adjusted with the respondent, but she never adjusted with him, and she did not even provide basic requirements like tea or food etc., to the petitioner when he comes from the office.

(iii) That the respondent is also suspicious in nature and always suspected him and whenever the petitioner receives phone calls, she created a big violence and used to quarrel with him and also demanded for separation from his parents and thereby she used to behave with him in a cruel manner and she also threatened to lodge false complaint against the petitioner and his relatives and send them to jail, as such, the attitude of the respondent is very irresponsible. She never lived as a Hindu wife and she used to make simple issues into complicated one, and every day used to quarrel with him on every aspect, and ultimately, left the matrimonial home on 3.12.2010.

(iv) That the petitioner visited several times to convince her and her parents, but she bluntly refused to join him and the well wishers and community elders also tried their best, but all the efforts made by them resulted in vain.

(v) That the respondent used to harass him by sending antisocial elements to his house and office and threatened with dire consequences and she also lodged false complaint with Women Police Station, Saroornagar vide Cr.No.161 of 2011 against the petitioner, his parents, sister and also his friend, and the same is pending on the file of XVI Metropolitan Magistrate, L.B.Nagar.

(vi) With these averments, the petitioner filedthe petition seeking for dissolution of the marriage on the ground of ‘cruelty’.

4. The respondent – wife filed counter affidavit denying the averments made by the petitioner. Her case is that the petitioner and his family members demanded dowry of Rs.2,00,000/-cash and Rs.1,00,000/-towards sister-in-law lanchanam, 54 tulas of gold, 4 kgs. of silver, Rs.50,000/-towards cloths and that Acs.4-00 of land to be transferred in the name of the respondent before the marriage. The father of the respondent fulfilled all their demands and also transferred the land in her name on 13.8.201

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