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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K.LAKSHMAN, VAKITI RAMAKRISHNA REDDY
National Insurance Co. Ltd. – Appellant
Versus
Sri Abdul Gafoor , Shaik Ahmed – Respondent
JUDGMENT :
K. LAKSHMAN, J.
1. Even today, there is no representation on behalf of the appellant and respondent. We have perused the record.
2. As observed by us on 09.10.2025, notice sent to the respondent is returned as un-served with an endorsement no such person is residing at the address mentioned. Sending notice to the respondent to the address available is sufficient in terms of Section 27 of the General Clauses Act.
3. Appellant is the husband and respondent is the wife. Appellant filed a petition under Section 13(1)(a) of Hindu Marriage Act, vide FCOP No.1538 of 2010 against respondent seeking dissolution of marriage on the ground of cruelty. Vide impugned order dated 03.12.2014, learned the Judge, Additional Family Court, at Hyderabad, dismissed the said petition. Aggrieved by the said order, appellant preferred the present appeal.
4. The marriage of the appellant with the respondent was solemnized on 02.07.1998 as per Hindu Rites and Customs. It is an arranged marriage.
5. According to the appellant, the said marriage was performed in a simple manner as the respondent and her family members hail from a poor family. There was no exchange of dowry. After marriage, the respondent
The court emphasized the importance of evaluating matrimonial settlement terms and the burden of proof regarding cruelty in divorce petitions, leading to the dissolution of marriage due to long-term ....
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....
In divorce proceedings, the burden of proof lies with the petitioner to demonstrate cruelty; failure to establish such claims leads to case dismissal. Irretrievable breakdown alone does not suffice f....
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.
The main legal point established is that the conduct amounting to cruelty, as defined under Section 13(1)(i-a) of the Hindu Marriage Act, can lead to the dissolution of marriage, especially when the ....
The dissolution of marriage requires substantial evidence of cruelty or desertion, which must be assessed contextually, recognizing the complexities of human relationships.
Point of law: Family Court erred in not considering the matter on its merits as appellant has specifically pleaded grounds of cruelty and the same are proved in evidence
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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