Dissolution of marriage granted due to established cruelty; significant enhancement of alimony reflects the welfare of children and the wife's contributions.

ORDER :

K.LAKSHMAN, J.

Even today there is no representation on behalf of the appellant in F.C.A.No.180 of 2014 and respondent in F.C.A.No.10 of 2015 i.e., the husband.

2. We have heard Sri K.Uday Kumar, learned counsel representing Sri S.Surender Reddy, learned counsel for respondent in F.C.A.No.180 of 2014 and appellant in F.C.A.No.10 of 2015 i.e., the wife.

3. The husband filed a petition under Section 13(1)(ia) of the Hindu Marriage Act vide F.C.O.P. No. 40 of 2010 on the file of the learned Judge, Family Court-cum-Additional District and Sessions Judge, Karimnagar, seeking dissolution of marriage on the ground of cruelty contending that his marriage with the wife was performed on 10.05.1999 as per Hindu rites and customs. It was an arranged marriage, and they were blessed with two children, one son and one daughter. At the time of marriage, he was working as an Industrial Promotion Officer. When he was posted at Madhira in the year 2002, the wife, without any reason, used to become furious and attempted to stab herself with a knife, but he prevented her. She again attempted to commit suicide several times and started blackmailing him over petty issues. During her pregnancy, she used to stay with her parents, and when he went there to take care of her welfare, she disliked it. On one occasion, she attempted to commit suicide by consuming mosquito repellent liquid. She was admitted to the hospital and discharged after two days. The said incident occurred in the year 2003. After the birth of their son, he was transferred to Karimnagar and started living with his parents. However, the wife did not join him and demanded that they live separately from his parents. She again attempted to commit suicide by tying a saree to the ceiling fan and trying to hang herself. On one occasion, she requested him not to attend the marriage function of his brother-in-law’s sister. When he attended the marriage, she took their son in her arms and stood in front of the parents’ house. A friend of his, Sri B. Tirupathi, convinced her and sent her back home. Thereafter, he shifted his residence to another house at Ramnagar. The wife gave birth to a daughter but never allowed him to take the children to his parents’ house. She was addicted to television serials and neglected the children. There were also disputes between them on the ground that he failed to bring non-vegetarian food and alcohol for her father. She used to insist that he has to hand over his entire salary to her, and when he refused, she beat and kicked him. She also removed the gas pipeline of the cylinder and tried to kill their daughter. She frequently abused him in filthy language and subjected him to cruelty. On these grounds, he sought dissolution of the marriage.

4. The wife filed a counter in the aforesaid F.C.O.P. denying the allegations made by the husband. According to her, she never subjected the husband to cruelty as alleged. It was the husband who provoked her to commit suicide, and she tolerated all his acts keeping in view the welfare and future of both the children.

5. To prove the said cruelty, the husband examined himself as PW-1, his relative as PW-2, and his friend as PW-3. He filed Ex.P1 – Marriage Photograph, Ex.P2 – FIR in Crime No.72 of 2010 of Women Police Station, Karimnagar, and Ex.P3 – Copy of the Charge Sheet. Opposing the said petition, the wife examined herself as RW-1 and her relative as RW-2.

6. On consideration of the entire evidence, both oral and documentary, the learned Family Court, vide impugned order dated 14.07.2014, granted a decree of divorce and directed the husband to pay an amount of Rs.10,00,000/- towards permanent alimony