The Family Court can grant divorce on the grounds of cruelty and desertion only if sufficient evidence is presented, affirming the need for corroboration in such claims.

JUDGMENT :

(Per Hon’ble Sri Justice K. Lakshman)

Heard Sri Pavan Kashyap, learned counsel, representing Sri M. Kalyana Ramakrishna, learned counsel for the appellant - wife and Sri N.V.Anantha Krishna, learned counsel appearing for respondent – Husband, in both the appeals.

(For the sake of convenience, the parties are hereinafter referred to as ‘the wife and the husband’)

2. The appellant - wife filed both the appeals against the respondent - husband. FCA No.87 of 2015 is filed challenging the order dated 23.02.2015 in O.P.No.904 of 2008, whereas, FCA No.100 of 2015 is against the order dated 23.02.2015 in O.P.No.570 of 2008 passed by the learned Family Court, Ranga Reddy District at L.B. Nagar.

3. The appellant – wife has filed an application vide O.P.No.570 of 2008 under Section 9 of the Act, 1955 (hereinafter referred to as ‘the Act, 1955’) against the respondent - husband before the learned Judge, Family Court, Ranga Reddy District at L.B.Nagar seeking restitution of conjugal rights. Vide impugned order, dated 23.02.2015, learned Family Court dismissed the said application.

4. Respondent – Husband has filed an application vide O.P.No.904 of 2008 under Section 13 (1)(ia) and (ib) of the Act, 1955 against the appellant - wife seeking dissolution of marriage on the ground of cruelty and desertion. Vide impugned order, dated 23.02.2015, learned Family Court allowed the said application granting decree of divorce.

5. Feeling aggrieved and dissatisfied with the said orders, the appellant – wife filed the present appeals against the respondent -husband.

6. The respondent – husband field O.P.No.904 of 2008 against the appellant – wife on the grounds of cruelty and desertion contending as follows:-

i. His marriage with the appellant was performed on 22.05.2002 at Ramachandrapuram, near Eluru, as per the Hindu rites and customs.

ii. It is an arranged marriage.

iii. They were blessed with a female child born on 07.07.2003 out of their lawful wedlock.

iv. They lead happy marital life for about four months.

v. After the birth of female child, the appellant – wife changed her attitude, started subjecting him to cruelty.

vi. She demanded him to set up separate family.

vii. She refused to live with his parents at their house.

viii. She, along with her family members, started picking up quarrels with him and his family members, on petty issues.

ix. She left her matrimonial house and started living with her parents.

x. She refused to live with his parents.

xi. she insisted his father to execute a document in favour of their daughter for which he refused.

xii. Brother of the appellant lodged a complaint with Police, Pedavegi against the respondent who registered the same as a case in Cr.No.134 of 2004 for the offence under Section 498-A of IPC.

xiii. In view of the pendency of the said crime, his father has executed a registered gift settlement deed in favour of minor child in respect of two mulgies situated at Bhimavaram, West Godavari District.

xiv. In the said registered gift settlement deed, he has mentioned that the appellant is the guardian of the minor child.

xv. In spite of the said gift settlement deed, the appellant and her family members ill-treated the respondent and his family members. The efforts made by him to settle the matter amicably, were in vain due to the adamant attitude of the appellant – wife.

xvi. When the Appellant – wife became pregnant again, she expressed her intention to terminate the pregnancy against his wish. When there was discussion on the said issue, the brothers of the appellant – wife abused him in filthy la