IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K.LAKSHMAN, B.R.MADHUSUDHAN RAO
..... – Appellant
Versus
..... – Respondent
JUDGMENT :
K. Lakshman, J.
1. Even today, there is no representation on behalf of the appellant.
2. Feeling aggrieved and dissatisfied with the order dated 16.05.2013 in O.P.No.420 of 2011 passed by the learned Judge, Additional Family Court at Hyderabad, appellant preferred the present appeal.
3. Appellant is the husband, and the respondent is the wife. The marriage of the appellant with the respondent was performed on 28.04.1990 as per Hindu rites and customs. It is an arranged marriage. The marriage was consummated. They were blessed with two male children. The first son by name M.Tarun was born on 20.07.1991 and second son Gaurav was born on 21.4.1998. They are now 35 and 29 years, respectively. According to the learned counsel for the appellant, both of them settled in U.S.A.
4. The appellant/husband filed the aforesaid Original Petition under Sections 13(1)(ia) and 13(1)(ib) of the Hindu Marriage Act seeking dissolution of marriage, contending that immediately after the marriage he noticed harsh behavior on the part of the respondent. The respondent was indifferent, reluctant, and eccentric in her conduct.
5. It is further alleged that the appellant was transferred to Hosur, Tamil
The court upheld the Family Court’s dismissal of dissolution of marriage due to failure by the appellant to substantiate claims of cruelty and desertion.
Divorce can be granted when evidence of cruelty or desertion is insufficient if irretrievable breakdown of marriage is established.
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.
Allegations of cruelty in divorce proceedings must be substantiated with evidence; mere claims without supporting documentation or witness testimony are insufficient for a divorce decree.
Even trivial disputes in marriage do not constitute cruelty or desertion without substantial proof, and the responsibility for maintaining marital relations lies on both parties.
The court emphasized that allegations of cruelty and desertion must be substantiated with clear evidence, and unchallenged claims do not warrant dissolution of marriage.
The court affirmed a divorce decree citing lack of evidence for claims of cruelty and established financial obligations for alimony and child maintenance in divorce proceedings.
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 appellant's allegations of cruelty were not substantiated by reliable evidence, and the court emphasized that mere claims are insufficient for dissolution of marriage under the Hindu Marriage Act....
The burden of proof lies with the party alleging cruelty or desertion; mere allegations without evidence cannot support divorce claims.
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