IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K. LAKSHMAN
................ – Appellant
Versus
................ – Respondent
| Table of Content |
|---|
| 1. case initiation and grounds for divorce established. (Para 2 , 3 , 4) |
| 2. allegations of mutual issues and claims of cruelty presented. (Para 5 , 6 , 18) |
| 3. background and previous legal actions considered. (Para 10 , 12 , 20) |
| 4. judicial observations on the nature of cruelty and marital breakdown. (Para 25 , 26 , 38) |
| 5. final decision on divorce and alimony awarded. (Para 41 , 42) |
JUDGMENT:
Heard Mr. Pasham Ravindra Reddy, learned counsel for the appellant - wife and Mr. J. Suresh Babu, learned counsel for the respondent - husband.
3. The appellant herein is the wife and the respondent herein is the husband. He filed the aforesaid O.P. No.27 of 2009 under Section - 13 (1) (ia) (ib) of the Hindu Marriage Act, 1955 , against the appellant - wife, seeking decree of divorce on the grounds of cruelty and desertion.
i. Their marriage was held on 31.03.2000 as per Hindu rites and customs.
iii. Out of their wedlock, they were blessed with a female and male child, namely Ms. Sona Chandini and Mr. Yuvaraj.
v. The appellant used to demand money for unnecessary expenditure. Since the respondent is working as a technician in Photo Studio, he is unable to meet her luxury money demands.
v
Prolonged separation and established cruelty validate divorce under Hindu Marriage Act; permanent alimony awarded considering family needs.
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....
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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