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2023 Supreme(Telangana) 381

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
CHILLAKUR SUMALATHA, M.G. PRIYADARSINI, JJ.
Kodali Krishna Chaitanya - Appellant
Versus
Chava Kodali Nishi - Respondent
F.C.A. No. 96 of 2019
Decided On : 01-03-2023

Advocates Appeared:
For the Appellant : Koteswara Rao Mummaneni.
For the Respondent: K. Durga Prasad.

Headnote:

Hindu Marriage Act – Section 13(1)(ia) – Dowry – Criminal case – Divorce – Matrimonial life – Decree of divorce by dissolving marriage – Held, Even during pendency of appeal, though several measures are taken by this Court for conciliation, parties did not come forward for reunion, which shows that marriage between parties has irretrievably broken down – Apex Court, when marriage between parties has irretrievable broken down, any attempt to force parties to live together would tantamount to causing mental cruelty and would only prolong mental agony of parties for rest of their lives – Court finds no fault with findings of learned Family Court in granting decree of divorce by dissolving marriage between parties – Appeal dismissed.

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 31.07.2012. Subsequently, the husband started to harass the wife mentally and physically with a demand to get the balance dowry amount and also additional dowry. The couple visited India on 16.01.2013 and although the wife was suffering with typhoid, husband insisted her to return to U.S.A. as scheduled on 19.03.2013 in order to process for H1 Visa and she left for U.S.A. along with husband on 26.03.2013 even though she was suffering with health problems. Even after returning to U.S.A., her health condition did not improve and the husband did not got her treated with doctor, instead, he advised her to take the pills brought from India. After getting H1 Visa, as the wife did not get placement, husband started harassing her mentally stating that she had no intelligence and had he married another girl, she would have got job easily. Even for purchase of household articles, husband insisted her parents for payment of Rs.3.00 lakhs and he made the wife to sleep on the floor as the said demand was not met with by the parents of wife. Even during weekends, husband used to be at home and never used to take the wife out. When wife got an occasion to see the emails of husband, she came to know that the husband is having insane sexual behaviour and extra marital relations. The husband and his parents used to harass the wife for getting additional dowry. The couple again visited India on 18.04.2015 and stayed till 10.05.2015, during which period, the husband and his parents harassed the wife both physically and mentally demanding additional dowry and threatened that unless they are paid Rs.50.00 lakhs towards additional dowry, they would not allow the wife to join the husband. Even they insisted the father of wife to transfer the landed property in the name of husband. While so, on 23.08.2015, the husband and his parents visited the house of parents of wife at Khanapuram Haveli; abused the wife and her parents in filthy language; beat the wife with hands and insisted them to meet the demand for Rs.50.00 lakhs additional dowry and the transfer of land in the name of husband. As the said demand was not met with, husband left India leaving the wife with her parents. Hence, the O.P. by the wife seeking dissolution of marriage. Contesting the O.P., husband filed his counter denying the allegations made in the O.P. as false and baseless.

5. Before the Court below, wife got examined herself as P.W. 1 apart from examining her father as P.W.2, maternal uncle as P.W.3 and an independent witness as P.W.4. Exs.A.1 to A.6 were marked on her behalf and Exs.X.1 to X.12 were marked through P.W.4. The husband got examined himself as R.W.1 and got marked Exs.B.1 to B.13. The learned Family Court, considering the above said evidence, allowed the O.P. granting decree of divorce by diss

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