In divorce proceedings, the burden of proof lies with the petitioner to demonstrate cruelty; failure to establish such claims leads to case dismissal. Irretrievable breakdown alone does not suffice for granting divorce.

JUDGMENT :

(Per Hon’ble Sri Justice K.Lakshman)

Heard Sri S.R.Sanjeev Kumar, learned counsel for the appellant and Smt.R.V.Indira Kumari, learned counsel for the respondent.

2. This appeal is filed under Section 19 of the Family Courts Act, 1984 challenging the order dated 14.10.2015 in FCOP No.166 of 2013 passed by the learned Judge, Family Court at Secunderabad. The appellant is the husband, and the respondent is the wife.

3. The appellant filed a petition under Section 13(i) (ia) of Hindu Marriage Act, 1955 against the respondent seeking dissolution of marriage, on the ground of cruelty.

4. The appellant contended that his marriage with the appellant was performed on 23.05.2010 as per Hindu rites and customs. It is an arranged marriage. The said marriage was consummated. The respondent became pregnant and she got aborted. They lived happily for a period of five months. Thereafter, the respondent started harassing him mentally. She developed suspicion over his character. She used to abuse the appellant and his parents in filthy language and also abused him before his colleagues and friends. She has suicidal tendency. She also developed signs of schizophrenia and behaved negatively towards him. Thus, the respondent subjected the appellant to cruelty. He tolerated her with a fond hope that she may change her behavior. There was no change in her behavior.

5. It is further stated that a panchayat was held on 09.09.2012, she was sent along with her parents with all her belongings. The appellant tried his level best to live with the respondent. He became a victim of mental cruelty in the hands of respondent. He lost his patience and could not concentrate on his work. Thus, the appellant filed the aforesaid OP against the respondent seeking dissolution of marriage on the ground of cruelty.

6. Respondent filed counter denying the said allegations. According to the respondent, her parents gave an amount of Rs.2,70,000/- cash and also presented household articles and furniture etc., at the time of marriage to the appellant. The appellant had an illegal affair with one Preethisagar, his colleague. Her parents held panchayat and elders advised the appellant his family members to mend their ways. There was no change in his behavior. The appellant and his parents used to blackmail her and also beat her blue and black. Due to the said continuous physical harassment, she got aborted. Another panchayat was held. Despite advise of the elders, there was no change in the behavior of the appellant. To get rid of the respondent, to continue his illegal relationship with Preethisagar, the appellant filed the aforesaid OP seeking dissolution of marriage on the ground of cruelty.

7. To prove the cruelty, the appellant got examined himself as P.W.1 and his relative as P.W.2. He filed Ex.A1/marriage card, Ex.A2/marriage photographs, Ex.A3/legal notice dated 13.09.2012, Ex.A4/acknowledgment and Ex.A5/reply notice dated 25.09.2012.

8. To disprove the said cruelty, respondent got examined herself as R.W.1. However, she did not exhibit any documents.

9. On consideration of the said evidence both oral and documentary, vide impugned order dated 14.10.2015, learned Judge, Family Court, Secunderabad, dismissed the said OP holding that the appellant herein failed to plead and prove cruel acts of the respondent. Challenging the said order, the appellant preferred the present appeal.

10. We have heard learned counsel for the appellant and learned counsel for the respondent, extensively.

11. Perusal of the record and rival contentions of both parties, would reveal that the marriage of the appellant with the respondent was performed on 23.05.2010. It is an arranged marriage and