CHILLAKUR SUMALATHA, M. G. PRIYADARSINI
Kodali Krishna Chaitanya – Appellant
Versus
Chava Kodali Nishi – Respondent
JUDGMENT :
M.G. Priyadarsini, J.
Assailing the judgment rendered by the Judge, Family Court at Khammam, dated 16.04.2019 in F.C.O.P. No.129 of 2015, the present appeal is preferred by the respondent therein.
2. By the impugned order, the learned Family Court allowed the O.P. filed by the wife, respondent herein, under Section 13(1)(ia) of the Hindu Marriage Act granting decree of divorce by dissolving the marriage subsisting between the appellant and respondent dated 14.04.2012.
3. For the sake of convenience, hereinafter, the parties will be referred to by their matrimonial status i.e., the appellant as ‘husband’ and the respondent as ‘wife’.
4. The facts that are necessary for disposal of the present appeal are that the marriage of respondent-wife with the appellant-husband took place on 14.04.2012 at Sequel Resorts, Khammam Town, as per Hindu rites and Customs. Wife is a B.Tech Graduate with Post-Graduation in M.B.A. and the husband was working as Software Engineer in U.S.A. at the time of marriage. In the marriage, the parents of wife paid Rs.20.00 lakhs out of Rs.40.00 lakhs agreed to be paid towards dowry. After the marriage, wife joined the company of the husband at U.S.A. on 31.
Cruelty and desertion are grounds for divorce under the Hindu Marriage Act, and the court will consider all the facts and circumstances of the case to determine whether these grounds have been establ....
The judgment establishes that once a marriage has irretrievably broken down, attempts to force the parties to live together would amount to mental cruelty, and divorce should not be withheld in such ....
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....
The main legal point established in the judgment is that the ground of desertion was not available to the appellant as the parties resided together till the filing of the petition, and the alleged cr....
Cruelty and desertion can serve as grounds for divorce when substantiated by evidence of persistent abusive behavior and long-term separation.
The main legal point established in the judgment is the concept of irretrievable breakdown of marriage and mental cruelty, as applied to the grounds of cruelty and desertion under Section 13 of the H....
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