IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K. LAKSHMAN, VAKITI RAMAKRISHNA REDDY
................ – Appellant
Versus
................ – Respondent
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 v
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.
The court upheld the dissolution of marriage on grounds of mutual consent and determined a reasonable alimony considering the short marital duration and absence of children.
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 burden of proof lies with the party alleging cruelty or desertion; mere allegations without evidence cannot support divorce claims.
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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