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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
NARSING RAO NANDIKONDA, K.LAKSHMAN
Xxxxxx – Appellant
Versus
Xxxxxx – Respondent
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 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.
A marriage may be dissolved under the Hindu Marriage Act on grounds of cruelty and desertion when evidence shows a complete breakdown of the marital relationship, without any intention for reconcilia....
Long-term separation and mental cruelty can establish grounds for divorce; subjective interpretations of cruelty vary, requiring careful consideration of overall marital dynamics.
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.
A spouse alleging cruelty must provide sufficient evidence to substantiate such claims, and judicial separation may be upheld over divorce when reconciliation remains a possibility.
The court established that a spouse's long-term separation and failure to reconcile can constitute grounds for divorce based on cruelty and desertion under the Hindu Marriage Act.
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