Divorce can be granted when evidence of cruelty or desertion is insufficient if irretrievable breakdown of marriage is established.

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 respondent is only B.Sc graduate and he was running a computer institute. The said institute was also closed after the marriage. The appellant and respondent have joined in a computer course in order to go to UK. Later both of them applied for VISA. The appellant got VISA. The respondent did not get VISA. The appellant left UK in the month of June, 2001 but returned back in the month of March, 2003. Respondent is not satisfied with the dowry articles. Therefore, he started harassing the appellant. He has ill-treated her and abused her in filthy language. After the death of respondent’s father, he aggravated the said harassment.

6. Appellant further contended that she along with the respondent set up a separate family in their flat at Kukatpally colony and that she went to her parents house for the purpose of birth of their daughter. When she returned back, respondent did not allow her into the house. Her parents took her to their house. Thus, the respondent ill-treated her. Respondent’s mother threatened her to get the respondent marry again, if she failed to fetch Rs.2.00 lakhs and also kill her. The respondent and his mother necked out the appellant from the house. On 13.04.2005, she lodged a complaint with the police, who in turn registered a case in Crime No.276 of 2005 against the respondent for the offence punishable under Section 498 -A of IPC . Respondent agreed to take back the appellant on the condition that she has to withdraw the said criminal case. On such advise of the elders, they have entered into a written agreement on 22.05.2005 on the condition that the appellant and respondent will live separately. On the said assurance, she withdrew the said criminal case. Even then, there was no change in the attitude of the respondent. He again necked her out from the house on 13.06.2005. Even according to the appellant, respondent subjected her to cruelty and deserted her.

7. Respondent filed counter denying the said allegations. According to him, he never harassed the appellant and never deserted her. It is the appellant, who deserted him. She has insulted him saying that he is only B.Sc graduate.

8. To prove said cruelty and desertion, the appellant examined herself as P.W.1 and her sister as P.W.2. She has filed Ex.P1, original marriage certificate and Ex.P2, Xerox copy of voter ID card. To disprove the same, respondent examined himself