Back
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K.Lakshman, Vakiti Ramakrishna Reddy
................ – Appellant
Versus
................ – Respondent
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 us
Dissolution of marriage granted due to established cruelty; significant enhancement of alimony reflects the welfare of children and the wife's contributions.
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.
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.
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.
Previous decree of mutual separation insufficient for divorce; only judicial decree can validate dissolution of marriage under substantial grounds like cruelty.
Permanent alimony is justifiable based on the circumstances of the parties, despite the inability to independently grant divorce on irretrievable break-down grounds.
Long-term separation and mental cruelty can establish grounds for divorce; subjective interpretations of cruelty vary, requiring careful consideration of overall marital dynamics.
The court established that the inability to reconcile due to ongoing suspicions and allegations justified the dissolution of marriage despite insufficient evidence of cruelty under the Hindu Marriage....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
