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.

JUDGMENT :

K. Lakshman, J.

Heard Mr.Sandeep Kumar Bodla, learned counsel for the appellant and Mr.Kowturu Pavan Kumar, learned counsel for the respondent.

2. This appeal is filed challenging the order dated 17.09.2013 in F.C.O.P.No.8 of 2010 passed by the learned Judge, Family Court, Khammam.

3. Appellant is the husband and respondent is the wife. Their marriage was performed on 31.03.2002 as per Hindu rites and customs. It is an arranged marriage. Out of the wedlock, they were blessed with a son on 06.08.2003.

4. Appellant/husband has filed the aforesaid petition under Section 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955 seeking dissolution of marriage on the grounds of cruelty and desertion. It is alleged that the respondent/wife used to harass him by creating troubles to the family members of the appellant. She expressed her intention twice that she is not interested to live along with the other family members of the appellant. Appellant requested the respondent to live with him and other family members stating that the appellant got job on compassionate ground on the death of his father and he is under an obligation to perform the marriage of his unmarried sister and provide maintenance to his mother. Respondent did not change her attitude. Due to the behavior of the respondent, appellant took separate house and lived with the respondent at Burhanpuram, Khammam Town, for eight months. He has sold away the house plot due to the problems created by the respondent and her father. She has lodged a complaint against the appellant with Police, Khammam, who in turn, convened a panchayat. Even then, respondent did not change her attitude.

5. On instructions of her father, respondent left the company of the appellant in the month of June, 2004 and she is living with her parents at Khammam. He has further alleged that she has filed a petition under Section 125 of Cr.P.C. vide M.C.No.31 of 2004 seeking maintenance. She has also implicated the appellant in criminal case i.e., C.C.No.2 of 2009, which was ended in acquittal. Thus, respondent subjected him to cruelty and has deserted him from the month of June, 2004.

6. Respondent has filed the counter denying the said allegations. According to her, appellant harassed her. Therefore, she has lodged a complaint for the offence punishable under Section 498A of IPC. She has filed a petition under Section 125 of Cr.P.C. seeking maintenance. She has also filed a petition under Section 9 of the Hindu Marriage Act, 1955 seeking restitution of conjugal rights vide F.C.O.P.No.4 of 2009 and the same was allowed on 08.07.2009. Instead of joining her company, appellant has filed the aforesaid F.C.O.P.No.8 of 2010 seeking dissolution of marriage. Thus, to get rid of the respondent, appellant filed the aforesaid F.C.O.P.

7. To prove the said cruelty and desertion, appellant examined himself as PW.1, his family friend as PW.2 and one known person as PW.3. He has filed Exs.A.1 to A.4 i.e., Ex.A.1 – certified copy of Judgment in C.C.No.2 of 2009 on the file of the learned III Additional Judicial Magistrate of the First Class, Khammam, Exs.A.2 and 3 – certified copies of decree and order in F.C.O.P.No.4 of 2009 on the file of the learned Family Court, Khammam and Ex.A.4 – marriage photograph. To disprove the said allegations, respondent examined herself as RW.1 and her father and friend as RWs.2 and 3. She has filed Exs.B.1 to B.3 i.e., Ex.B.1 – certified copy of order in F.C.O.P.No.4 of 2009, Ex.B.2 – certified copy of legal notice, dated 13.11.2009 and Ex.B.3