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.

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 Nadu, in December 1990. The respondent was habituated to act according to the dictates of her parents, who instigated her to tease and harass the appellant. The respondent began teasing the appellant by comparing his status, salary, and the financial position of his parents with others. When the appellant politely requested the respondent’s parents not to meddle in their family life, the respondent continued her conduct.

6. The respondent used to sleep for long hours, claiming that she was unwell. She openly expressed on several occasions that she did not like the appellant’s family members. She was not acquainted with cooking and failed to maintain the household in a neat and clean manner.

7. The respondent deserted the appellant at Nagpur in 1994. Upon transfer, the appellant set up a family at Bangalore, where both the appellant and respondent resided until December 1994. During this period, the respondent began comparing the appellant with his co-brother and demanded unnecessary household articles such as a dryer and an air conditioner. The respondent voluntarily deserted the appellant, compelling him to issue a legal notice dated 07.12.1994 seeking restitution of conjugal rights, as the respondent failed to join him. Thereafter, the appellant was transferred to Chandigarh. The respondent again deserted the appellant during Deepavali in 1998. The marriage has irretrievably broken down. On 19.10.2007, being the day of Durgashtami, the respondent picked up a quarrel with the appellant and left the matrimonial home. When the appellant approached the respondent and requested her to resume marital life, the respondent demanded divorce.

8. The respondent filed a counter denying all the allegations made in the petition and contended that, as per the demand of the appellant and his parents, her parents paid net cash of Rs.5,00,000/- 15 tulas of gold ornaments, household articles worth Rs.1,50,000/-, and silver articles such as pooja items, two plates, and four glasses worth Rs.1,00,000/- at the time of marriage. From the very date of marriage, the appellant started picking quarrels with the respondent. The mother of the appellant was not satisfied with the dowry given by the respondent’s parents and subjected the respondent to both physical and mental harassment by demanding additional dowry of Rs.5,00,000/-.

9. It is further alleged that the appellant did not allow the respondent to meet her parents, n