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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K.LAKSHMAN, B.R.MADHUSUDHAN RAO
x x x x x – Appellant
Versus
x x x x x – Respondent
JUDGMENT :
K. Lakshman, J.
Heard Mr. Neeli Ashok Kumar, learned counsel for the appellant - wife and Mr. Vijay B. Paropkari, learned counsel for the respondent - husband.
2. Assailing the order dated 06.02.2015 in FOP No.31 of 2013 passed by learned Judge, Family Court-cum-VIII Additional District Judge at Mahabubnagar, the appellant herein preferred the present appeal.
3. The appellant herein is the wife and the respondent is her husband. Their marriage was performed on 20.05.2005 as per Hindu rites and customs. It is an arranged marriage.
4. It is apt to note that the respondent herein obtained a decree of divorce with his first wife, and informing the said fact, he married the appellant herein. The appellant in her deposition also admitted the said fact. Out of their wedlock, they were blessed with one daughter and son, who are now aged 18 and 19 years respectively. The respondent is an Employee in Railway Department.
5. The respondent has filed the aforesaid FOP No.31 of 2013 under Section - 13 (1) (ia) of the Hindu Marriage Act against the appellant herein seeking dissolution of their marriage on the ground of ‘cruelty’ contending that:
i. From the date of marriage, the appellant dis
Allegations of cruelty must be supported by evidence; mere separation or previous marital issues do not justify divorce under the Hindu Marriage Act.
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....
Prolonged separation and established cruelty validate divorce under Hindu Marriage Act; permanent alimony awarded considering family needs.
Marriage dissolution requires substantiation of cruelty and desertion, influenced by long-term separation, establishing irreparable breakdown and entitlement to permanent alimony.
The main legal point established in the judgment is that specific instances of cruelty must be proven, and reckless, false, and defamatory allegations constitute mental cruelty.
Cruelty in marriage includes mental cruelty and can justify divorce when substantiated by evidence, as seen in the appellant's case against the respondent.
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