The appellate court granted a decree of divorce based on irretrievable breakdown of marriage, emphasizing the need for substantiated claims of cruelty under the Hindu Marriage Act.

JUDGMENT:

K. Lakshman, J.

Heard Mr.Ahmed Ehtesham Kawkab, learned counsel for the appellant/husband and Mr.Shaikh Mohammed Rizwan Akhtar, learned counsel for the respondent/wife.

2. In all the three appeals, appellant is the husband and respondent is the wife. The marriage of the appellant with the respondent was performed on 04.11.2011 as per Hindu Rites and Customs. It is an arranged marriage. It is the specific contention of the appellant/husband that immediately after the marriage, respondent joined his company, but not accepted to have consummation of marriage on the very first night. On the intervention of the elders and well-wishers, the same was performed later on. Further, without the knowledge of the appellant, respondent got aborted the pregnancy. Respondent used to harass the appellant without cooperating him and not attending the house hold works. She used to quarrel on each and every petty matter without having any reason.

3. Respondent left the house of the appellant in his absence to her parents’ house on 30.05.2012 along with all her belongings without informing the appellant. Though he visited the respondent parents’ house, she used to threaten him that he shall not visit her, if he do so, she will initiate criminal proceedings against him. Having vexed with the behavior and attitude of the respondent, appellant got issued a legal notice dated 07.08.2012 calling upon her to join his company. However, on 18.08.2012 respondent informed the appellant over phone that he is at liberty to initiate any proceedings and she is ready to face the consequences.

4. Thus, according to the appellant, respondent subject him to cruelty and deserted him. With the said contentions, he has filed a petition under Section 10 of the HINDU MARRIAGE ACT , 1955 vide F.C.O.P.No.531 of 2012 on the file of learned the Judge, Family Court, Secunderabad, against the respondent/wife seeking judicial separation.

5. However, respondent/wife filed counter denying the said allegations and stated that she never harassed the appellant. In fact, the appellant himself ill-treated her. She has further contended that the appellant’s parents, uncle and sister, who did not like the consummation of the marriage without giving more lanchanalu, have warned the parents of the respondent that they will see how the respondent will lead happy marital life with the appellant in their house. Further, they did not allow her to sleep with the appellant by occupying the bed and the in-laws of the respondent gone to the extent of not allowing her to have access to the appellant and to talk with him and also not to serve the food. They demanded an amount of Rs.1,50,000/- towards additional dowry. Further, she has filed a petition under Section 9 of the HINDU MARRIAGE ACT , 1955 against the appellant seeking restitution of conjugal rights vide F.C.O.P.No.108 of 2014 on the file of learned the Judge, Family Court, Secunderabad.

6. Perusal of the record would reveal that the appellant has filed a petition under Section 13(1)(ia) of the HINDU MARRIAGE ACT , 1955 vide F.C.O.P.No.1437 of 2014 on the file of learned the Judge, Additional Family Court, Hyderabad, against the respondent/wife seeking dissolution of marriage on the ground of cruelty.

7. Vide common order dated 03.07.2014, learned Family Court dismissed F.C.O.P.No.531 of 2012 filed by the appellant seeking judicial separation and allowed F.C.O.P.No.108 of 2014 filed by the respondent seeking restitution of conjugal rights. Vide order dated 16.07.2017, learned Family Court dismissed F.C.O.P.No.1437 of 2014 filed by the appellant seeking dissolution of marriage. Feeling aggrieved by the