A party alleging cruelty in divorce must substantiate claims with relevant evidence; failure to do so results in dismissal of the petition.

JUDGMENT :

K. Lakshman, J.

Heard Sri K. Srinivas, learned counsel representing Ms. Y.Harini, learned counsel for the Appellant and Sri Ajay Kumar Madisetty, learned counsel appearing for the respondent.

2. Feeling aggrieved and dissatisfied with the order and decree dated 19.06.2020 passed in FCOP No.617 of 2017 by the Judge, Family Court, Secunderabad, the appellant filed the present appeal.

3. The appellant – husband filed the aforesaid petition under Section 13 (1) (ia) and (ib) of the Hindu Marriage Act, 1955 (for short, ‘the Act’) seeking dissolution of marriage dated 21.08.2008 on the grounds of cruelty and desertion contending:-

i. His marriage with the respondent – wife was performed on 21.08.2008 as per Hindu rites and customs, at Secunderabad.

ii. It is an arranged marriage.

iii. They were blessed with a male child on 26.11.2013 out of their lawful wedlock. He is 13 years at present.

iv. After marriage, the respondent – wife joined the company of the appellant – husband at his residence.

v. For about two months, she was good with him. Thereafter, she expressed that the marriage was performed on the force of elders without her consent due to financial constraints.

vi. Her family members and grand-parents used to come to his house most frequently and after their visit, behavior of the respondent –wife became aggressive towards her husband and his family members.

vii. She used to go to her parents house at Warangal very frequently. She insisted him to put up separate residence. When he refused, she used to abuse him in filthy language and assault him physically.

viii. She was in the habit of chatting on her mobile during late hours in the bathroom for a long time, when he asked the details with whom she was chatting, she used to delete the call data to keep it hidden from him which led to suspicion.

ix. She used to abuse the elders in unparliamentarily language. When he questioned, she left his house and lodged a complaint against him with Women Protection Cell where counseling was conducted for thrice but in vain.

x. The respondent and her parents approached ‘kula sangam’ /Caste Association and on their persuasion, he brought her back to his home in the month of September, 2010.

xi. One midnight, she bit him and caused injury. Both of them went to hospital for treatment. She left the hospital without informing him to her grandparents home and did not come back.

xii. He got issued legal notice dated 27.04.2012 requesting her to join his company but she joined him after 12 months with the intervention of Advocate.

xiii. In the month of March, 2013, she conceived and blessed with a male child on 26.11.2013.

xiv. In the month of July, 2015, as there was a quarrel between his wife and his sister, to avoid complication, he dropped his wife at her parents house. Since then she did not come back.

xv. He requested her to come back at least for the welfare of their child but she refused.

xvi. She again lodged a complaint before Women Protection Cell but she did not heed the advice of the Women Protection Cell to join him due to her adamant attitude.

xvii. Her non – cooperation effected his health very badly, he suffered from sciatic pain and was totally bed ridden. But the respondent did not turn up.

xviii. Thus, there was desertion of more than two years.

4. With the aforesaid submissions, he sought to grant decree of divorce against the appellant herein – wife.

5. The appellant – wife filed counter – cum