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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K.LAKSHMAN, VAKITI RAMAKRISHNA REDDY
............... – Appellant
Versus
............... – Respondent
JUDGMENT :
K. LAKSHMAN, J.
1. In compliance with the order dated 09.10.2025, learned counsel for the appellant has filed proof of service vide USR No.118091 of 2025, dated 27.10.2025. Despite service of notice, there is no representation on behalf of the respondent.
2. We have heard Mr. B.Shiva Kumar, learned counsel for the appellant and perused the record.
3. Appellant herein is the husband and respondent herein is the wife. Appellant/husband had filed an application under Sections 5(iii) and 13(1) (ia) (ib) of the Hindu Marriage Act, 1955 against the respondent/wife seeking dissolution of marriage on the grounds of cruelty and desertion. The marriage of the appellant with the respondent was performed on 07.09.2007 as per Hindu Rites and Customs. It is an arranged marriage. They were blessed with a female child on 05.06.2009.
4. According to the appellant, respondent subjected him to cruelty and deserted him. Appellant joined as Constable in CISF, Hyderabad, on 22.07.2002. In the year 2007, while he was working at Hyderabad, he requested the respondent that he would take a separate house and to join him at Hyderabad. Respondent did not accept the same and left the house of the appella
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.
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 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 burden of proof lies with the party alleging cruelty or desertion; mere allegations without evidence cannot support divorce claims.
Divorce can be granted when evidence of cruelty or desertion is insufficient if irretrievable breakdown of marriage is established.
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