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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K. LAKSHMAN, VAKITI RAMAKRISHNA REDDY
................ – Appellant
Versus
................ – Respondent
JUDGMENT :
K. LAKSHMAN, J.
1. Despite service of notice, none appeared for the respondent/husband.
2. Heard Sri Mohd.Mumtaz Pasha, learned counsel for the appellant. We have perused the record.
3. The marriage of the appellant with the respondent was performed on 23.05.2003 as per Hindu Rites and Customs. It is an arranged marriage. They were blessed with two children i.e., son on 16.02.2005 and daughter on 31.12.2006 out of their lawful wedlock.
4. According to the respondent/husband, appellant maintained illicit relationship with the 2nd respondent in FCA No.201 of 2025 i.e., Mamidi Gattu and eloped with him. Thus, she has subjected him to cruelty and deserted him. On the said ground, he has filed a petition under Section 13(1)(ia) and (ib) of HINDU MARRIAGE ACT vide O.P.No.31 of 2013 seeking dissolution of marriage. The appellant/wife has filed O.P.No.19 of 2013 under Section 9 of the HINDU MARRIAGE ACT , 1955 seeking restitution of conjugal rights.
5. Vide order dated 09.08.2014, learned Judge, Family Court-cum-Additional District and Sessions Judge, Nalgonda allowed O.P.No.31 of 2013 filed by the respondent/husband seeking dissolution of marriage on the ground of cruelty and deserti
The burden of proof lies with the party alleging cruelty or desertion; mere allegations without evidence cannot support divorce claims.
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.
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.
The court affirmed a divorce decree citing lack of evidence for claims of cruelty and established financial obligations for alimony and child maintenance in divorce proceedings.
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