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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K.LAKSHMAN, B.R.MADHUSUDHAN RAO
xxxxxxx – Appellant
Versus
xxxxxxx – Respondent
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 m
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 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.
The court ruled that allegations of cruelty and desertion require substantiation through credible evidence; mere claims are inadequate for marital dissolution.
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