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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
MOUSHUMI BATTACHARYA, B.R.MADHUSUDHAN RAO
M.B.Thiagu – Appellant
Versus
S.Neethi – Respondent
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
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.
The court emphasized that cruelty must be substantial enough to justify divorce, reaffirming that minor disputes do not legally constitute cruelty under the Hindu Marriage Act.
Point of law: Family Court erred in not considering the matter on its merits as appellant has specifically pleaded grounds of cruelty and the same are proved in evidence
Cruelty in marriage can be both physical and mental, and a long separation may constitute grounds for divorce under the Hindu Marriage Act.
Cruelty in matrimonial law encompasses behavior causing significant emotional distress, and long-term separation without cohabitation can establish grounds for divorce under the Hindu Marriage Act.
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