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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K. LAKSHMAN, VAKITI RAMAKRISHNA REDDY
................ – Appellant
Versus
................ – Respondent
ORDER :
1. Heard Sri N.V.Anantha Krishna, learned counsel for the appellant and Sri T.Damodar, learned counsel appearing for the respondent.
2. Feeling aggrieved and dissatisfied with the order and decree dated 28.11.2014 passed by the Judge, Family Court – cum – Additional District Judge, Khammam, in FCOP No.66 of 2012, the appellant filed the present appeal.
3. The appellant is the wife and respondent is the husband. The marriage of the appellant with the respondent was performed on 29.05.1986 as per Hindu rites and customs. It is an arranged marriage. They were blessed with two sons out of their lawful wedlock. They are aged 19 and 16 years by the time of filing FCOP. Thereafter, disputes arose between them.
4. The appellant filed the aforesaid petition under Section 13 (1)(ia) and (ib) of the HINDU MARRIAGE ACT , 1955 (for short, ‘the Act’) seeking dissolution of marriage on the grounds of cruelty and desertion contending that she is the legally wedded wife of the respondent. Their marriage was performed on 29.05.1986 at Khammam. They were blessed with two sons namely Rahul Krishna aged about 19 years and Bhran Krishna aged about 16 years by the time of filing of OP. Respondent add
The court ruled that allegations of cruelty and desertion require substantiation through credible evidence; mere claims are inadequate for marital dissolution.
Cruelty in marital disputes must be proven with cogent evidence; subjective assessments impact definitions of cruelty, and prior orders in divorce proceedings attain finality if not appealed.
A party alleging cruelty in divorce must substantiate claims with relevant evidence; failure to do so results in dismissal of the petition.
Allegations of cruelty in divorce proceedings must be substantiated with evidence; mere claims without supporting documentation or witness testimony are insufficient for a divorce decree.
Divorce can be granted when evidence of cruelty or desertion is insufficient if irretrievable breakdown of marriage is established.
The court established that the inability to reconcile due to ongoing suspicions and allegations justified the dissolution of marriage despite insufficient evidence of cruelty under the Hindu Marriage....
The prolonged separation and the respondent's new marriage established sufficient grounds for divorce under the Hindu Marriage Act, emphasizing the need for financial security for the child involved.
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