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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K.LAKSHMAN, VAKITI RAMAKRISHNA REDDY
Mamidi Hymavathi – Appellant
Versus
Mamidi Devender – Respondent
JUDGMENT :
K. Lakshman, J.
Heard Sri S.Sudarshan, learned counsel for the appellant. Despite service of notice, none appears for the respondent.
2. Appellant is the wife and respondent is the husband. Appellant/wife has filed petition under Section 13 (1)(ia) and (ib) of Hindu Marriage Act, 1955 vide O.P.No.356 of 2011 against respondent/husband seeking dissolution of marriage between the appellant and respondent performed on 17.11.1996.
3. Vide impugned order dated 16.06.2015, learned Judge, Family Court at L.B.Nagar, Ranga Reddy District, dismissed the said petition. Feeling aggrieved and dissatisfied with the said order, appellant/wife preferred the present appeal.
4. The marriage of the appellant with the respondent was performed on 17.11.1996 as per Hindu Rights and Customs. It is an arranged marriage. They were blessed with a male child on 07.01.1998 and female child on 25.12.2003.
5. According to the appellant/wife, the respondent/husband subjected her to cruelty and deserted her on 13.06.2005. She has further contended that at the time of marriage, it was impressed upon her that the respondent was highly qualified person, but after the marriage, she came to know that the respond
Divorce can be granted when evidence of cruelty or desertion is insufficient if irretrievable breakdown of marriage is established.
The prolonged separation and the respondent's new marriage established sufficient grounds for divorce under the Hindu Marriage Act, emphasizing the need for financial security for the child involved.
Cruelty in marital disputes must be proven with cogent evidence; subjective assessments impact definitions of cruelty, and prior orders in divorce proceedings attain finality if not appealed.
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.
The court ruled that allegations of cruelty and desertion require substantiation through credible evidence; mere claims are inadequate for marital dissolution.
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