The burden of proof for claims of cruelty in divorce proceedings lies with the petitioner, who must present corroborative evidence; isolated incidents do not constitute legal grounds for divorce.

JUDGMENT :

B.R.Madhusudhan Rao, J.

1. The instant appeal arises out of an order dated 08.07.2022 passed by the I Additional Family Court at Hyderabad in O.P.No.1149 of 2015 filed by the appellant/husband under Section 13(1)(ia) and Section 26 of the Hindu Marriage Act, 1955 (1955 Act), for dissolution of his marriage with the respondent/wife by a decree of divorce and for grant of permanent custody of master Atiksh Thiagu born on 28.03.2010.

2. The Family Court dismissed the petition for divorce and permanent custody of the child master Atiksh Thiagu on the ground that appellant failed to prove cruelty by the respondent and did not choose to produce any documents or adduce oral evidence to support and substantiate his contention, but the Family Court has granted the petitioner visitation rights to visit his minor son on every second Saturday and second Sunday between 10.00 a.m., to 05.00 p.m., at the place where both parties agree till the minor attain majority.

3. The contentions of the appellant/petitioner-husband and the respondent/wife are as follows:

4.1. The appellant states in the petition that his marriage with the respondent is performed on 05.04.2008 at Selma Kalyana Mandapam, Kotagiri as per the Hindu Rites and Customs, he took the respondent to Dubai and her behaviour was adamant, abnormal during her stay in Dubai from May 2009 to August 2009 and she never attended Household works, did not prepare food. The respondent has damaged almost 10 mobile phones and on one occasion, she threw away the articles. In the month of August, 2009, respondent conceived and returned to Hyderabad. On 28.03.2010, respondent gave birth to a baby boy named as Atiksh Thiagu. On 29.10.2009, he got issued legal notice to the respondent. Respondent did not join the matrimonial home till February, 2011, he got transferred and started residing at Chennai to lead happy marital life with the respondent and the child.

4.2. The petitioner made several efforts to change the attitude of the respondent but in vain. Due to the abnormal behaviour of the respondent owner of the flat asked them to vacate the same, she abruptly used to leave the house without locking the house and has not taken care of the son. On 01.03.2012 they went to their village, on 20.03.2012, the respondent starting hitting the mother of the petitioner wildly and neighbours prevented her. The petitioner lodged a complaint at Kotagiri Police Station, they returned back to Chennai. The respondent along with the child went to her mother’s house at Hyderabad without intimating the petitioner and thereafter she never joined him. The respondent is suffering with psychiatric problem. On 20.05.2012 the respondent along with her mother and brother tried to enter into the flat of the petitioner forcibly. The petitioner has called the police, on seeing them respondent and her mother left the place. The respondent is having cruel behaviour, which is unbearable and prayed to grant divorce on the ground of cruelty and grant permanent custody of master Atiksh Thiagu.

5.1. The respondent states in the counter that she joined her husband at Dubai, they lived happily and the petitioner used to take her to different places and he was affectionate towards her and purchased Ruby necklace on the eve of Varalakshmi Vratham. In the month of June 2009 she conceived then the petitioner has purchased a new car to have more comfortable life and he used to take care of her showered full love and affection. In the month of October 2009 when she was fourth month pregnant the petitioner asked her to go to India to her mother’s place, accordingly she returned back to India. On one day parents of the petitioner came to Hyderabad and started abusing the respondent, threatened her to go for abortion immediately and give divorce so that the petitioner may marry another woman.

5.2. The respondent has undergone mental agony and there was no response fr