Permanent alimony is justifiable based on the circumstances of the parties, despite the inability to independently grant divorce on irretrievable break-down grounds.

JUDGMENT :

K. Lakshman, J.

1. Heard Mr.V.Yadu Krishna Sainath, learned counsel for the appellant/wife and Mr.V.V.Ramakrishna, learned counsel for the respondent/husband.

2. Appellant is the wife and respondent is the husband. Their marriage was performed on 22.05.2003 as per Hindu rites and customs. It is an arranged marriage. Out of the wedlock, they were blessed with two children i.e., G. Revanth on 04.05.2004 and G. Sasidhar on 23.10.2007.

3. According to the respondent/husband, appellant/wife subjected him to cruelty. She has filed an application under Section 125 of Cr.P.C. vide M.C.No.121 of 2009 on the file of the learned Family Court, Rangareddy District at L.B. Nagar against the respondent/husband seeking maintenance. She is very arrogant and adamant. She never showed love and affection towards him. She did not allow him to lead marital life and there is no cohabitation between them immediately after the marriage. She failed to perform the duties and obligations as wife. She used to quarrel with him without any fault. She used to abuse him in filthy language. She used to make false allegations on him. She used to beat him. She used to go to her parents’ house and stay there for months together by leaving him.

4. He has further contended that in the month of June, 2008, appellant/wife insisted him to give an amount of Rs.2,00,000/- for the purpose of business of her brother, namely, Mulagada Venkata Ramana. He did not accept the same, due to which, she got angry and developed aversion against him. She neglected the respondent/husband and never took care of his welfare and also the welfare of their children. She left the matrimonial home in the month of June, 2008 without informing him and having all her gold and also having an amount of Rs.2,00,000/-, apart from her belongings. He tried to stop her. She did not heed his request. Thus, appellant/wife subjected him to cruelty.

5. It is further contended by the respondent/husband that due to the said torture, his father died on 10.09.2007. Thereafter, he sent his friend - Sri K. Srinivasa Rao, his mother - Smt. Mariyamma and his uncle – M. Kanaka Raju as mediators and they tried to convince the appellant/wife and also advised her to mend her behavior and to lead happy marital life with him. Appellant/wife did not heed the said request. Even, the best efforts made by them, appellant/wife did not join him.

6. He further alleged that during her stay, she used to threaten him and his mother every day and ultimately, left the matrimonial house in the month of June, 2008 and she is residing in her parents’ house. There is no cohabitation between them since a long time. In view of the said behavior of the appellant/wife, he filed an application under Section 13 (1)(ia) of the Hindu Marriage Act, 1955 seeking decree of divorce on the ground of cruelty.

7. Appellant/wife filed a counter denying the said allegations. According to her, respondent/husband harassed her both mentally and physically. He is an arrogant and adamant person. He beat her many times. On 15.06.2008, respondent/husband beat her mercilessly and necked out her along with children with a demand to pay additional dowry. She has filed an application under Section 125 of Cr.P.C. claiming maintenance. With the said submissions, she sought to dismiss O.P.No.296 of 2010 filed by the respondent/husband seeking dissolution of marriage on the ground of cruelty.

8. It is also stated that the appellant/wife has filed an application under Section 9 of the Hindu Marriage Act, 1955 vide O.P.No.705 of 2010 against the respondent/husband seeking restitution of conjugal rights.

9. To pro