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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K.LAKSHMAN, VAKITI RAMAKRISHNA REDDY
M. Durga Malleshwari – Appellant
Versus
G. Rajendra Kumar – Respondent
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
Permanent alimony is justifiable based on the circumstances of the parties, despite the inability to independently grant divorce on irretrievable break-down grounds.
The court upheld the dissolution of marriage on grounds of mutual consent and determined a reasonable alimony considering the short marital duration and absence of children.
The court determined that mental cruelty and prolonged separation are legitimate grounds for divorce under the Hindu Marriage Act.
Prolonged separation and established cruelty validate divorce under Hindu Marriage Act; permanent alimony awarded considering family needs.
Previous decree of mutual separation insufficient for divorce; only judicial decree can validate dissolution of marriage under substantial grounds like cruelty.
Dissolution of marriage granted due to established cruelty; significant enhancement of alimony reflects the welfare of children and the wife's contributions.
Divorce can be granted on grounds of cruelty and desertion when the marriage is irretrievably broken, with each party's conduct evaluated in light of their inability to reconcile.
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