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.

JUDGMENT :

K.Lakshman, J.

Even today, there is no representation on behalf of the appellant. We have heard Mr. C.Ruthwik Reddy, learned counsel representing Mr.C.Damodar Reddy, learned counsel for the respondent.

2. This appeal is filed challenging the Order and Decree dated 15.04.2015 in O.P.No.65 of 2009 passed by the learned Judge, Family Court, Rangareddy District at L.B.Nagar.

3. Appellant herein is the wife and respondent herein is the husband. Their marriage was performed on 15.06.2006 as per Hindu rites and customs. It is an arranged marriage. They were blessed with a male child on 03.08.2007. Thereafter respondent filed a petition under Section 13 (1)(ia) and (ib) of the Hindu Marriage Act, 1955 vide O.P.No.65 of 2009 against the appellant herein seeking dissolution of marriage on the grounds of cruelty and desertion. According to the respondent, appellant deserted him on 20.01.2007.

4. Respondent filed the aforesaid O.P. contending that the marriage was consummated and they resided at Vanasthalipuram, Hyderabad, with the parents of respondent. On the very third day of marriage, the appellant created a scene by quarreling with the respondent and his parents. From then, she stopped cohabiting with the respondent apart from refusing to assist his mother in the household work. It is further alleged that in the month of July, 2006, the brother of the appellant came to the house of the respondent along with his parents and continued to live in their house though his parents left from their house. On the next day, the appellant took money from the almirah of the respondent and gave it to her brother. Thus, the said amount was missing. Appellant questioned her on the same. She informed that she gave money to her brother. On 05.08.2006, respondent decided to go to Bangalore to get equipment of his gym along with his colleagues for which appellant insisted him to take her along with him. On the same, she quarreled with him and abused in filthy language apart from creating nuisance and misbehaving with him. He has further alleged that the appellant used to spend lavish life and she never taken care of his mother and she used to quarrel with him and his parents.

5. Respondent and his parents constructed a house at Hasthinapuram and the appellant insisted to give the Mulgi in the said house to her brother for free of rent and when he refused, she picked up quarrel and created big nuisance. She has also filed a petition under Section 12 of the Protection of Women from Domestic Violence Act, 2005 against him. Thus, appellant subjected him to cruelty. Unable to bear such harassment, his mother left abroad on 10.01.2007. Appellant went to her parents’ house and did not return. Subsequently, she was blessed with a male child on 03.08.2007. She never informed him about the same to the respondent and his parents. When he came to know about the same, he went to the house of in-laws to see the child but the parents and brother of the respondent did not allow him to see the child apart from abusing him in filthy language. Efforts were made to settle the matter with the help of community elders and mediation, but the same was ended in failure due to the adamant attitude of the appellant herein. Thus, according to the respondent, appellant deserted him and subjected to cruelty.

6. Appellant filed counter denying the said allegations. According to her, she never subjected the respondent to cruelty and she never deserted him. She filed the wedding card of the respondent, who married second time. She has also admitted about the conduct of mediation/panchayat and failure of the same. She has also further stated that she has lodged a complaint against responde