IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K. LAKSHMAN, VAKITI RAMAKRISHNA REDDY
................ – Appellant
Versus
................ – Respondent
| Table of Content |
|---|
| 1. grounds for divorce and counterclaims (Para 3 , 4 , 5) |
| 2. evidence and testimony about allegations (Para 6 , 11 , 12 , 19) |
| 3. cruelty and irretrievable breakdown of marriage (Para 28 , 29 , 30 , 31) |
| 4. permanent alimony and maintenance considerations (Para 33 , 36 , 40) |
JUDGMENT :
K. LAKSHMAN, J.
1. We have heard Sri Sritharam, learned counsel representing Sri M.V.B.S. Narasimha Anudeep, learned counsel for the Appellant - wife. Even today, there is no representation on behalf of the Respondent - husband.
2. The Family Court Appeal is preferred by the appellant challenging the order dated 16.06.2014 in F.C.O.P No.262 of 2010 passed by the learned Judge, Family Court-cum- III Additional District and Sessions Judge, Warangal granting decree of divorce by dissolving the marriage between the parties held on 28.05.2005.
3. The appellant is the wife and the respondent herein is the husband. The Respondent - husband filed the aforesaid FCOP No. 262 of 2010 under Section 13(1)(ia) and (ib) of the HINDU MARRIAGE ACT , 1955, against the appellant – wife seeking dissolution of marriage on the ground of cruelty and desertion contending as follows:
i. His marriage with the appellant
Divorce can be granted on grounds of cruelty and desertion when the marriage is irretrievably broken, with each party's conduct evaluated in light of their inability to reconcile.
A marriage may be dissolved under the Hindu Marriage Act on grounds of cruelty and desertion when evidence shows a complete breakdown of the marital relationship, without any intention for reconcilia....
Prolonged separation and established cruelty validate divorce under Hindu Marriage Act; permanent alimony awarded considering family needs.
Marriage dissolution requires substantiation of cruelty and desertion, influenced by long-term separation, establishing irreparable breakdown and entitlement to permanent alimony.
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