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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K.LAKSHMAN, VAKITI RAMAKRISHNA REDDY
Shiva Deepthi – Appellant
Versus
Konduti Vivek – Respondent
JUDGMENT :
K. Lakshman, J.
Heard Ms. Y.Sonanjali, learned counsel representing Sri N.Naveen Kumar, learned counsel for the Appellant and Sri Mujib Kumar Sadasivuni, learned counsel appearing for the respondent. 2. Feeling aggrieved and dissatisfied with the order dated 31.05.2018 passed in FCOP No.1598 of 2014 by the Judge, Family Court, Ranga Reddy District at L.B.Nagar, the appellant filed the present appeal.
3. The respondent – husband filed the aforesaid petition under Section 13 (1) (ia) of the Hindu Marriage Act, 1955 (for short, ‘the Act’) seeking dissolution of marriage on the grounds of cruelty contending as follows:-
i. His marriage with the respondent – wife was performed on 15.05.2011 as per Hindu rites and customs, at Hyderabad.
ii. It is an arranged marriage.
iii. At the time of marriage, she was studying MBA course.
iv. They were blessed with a female child on 05.06.2012 out of their lawful wedlock.
v. After couple of weeks, she left his company.
vi. Despite his request, she did not come back to join him on the pretext that her college is near to her parents house and she needs to prepare for her MBA examinations.
vii. She stayed at her parents house for about three weeks a
The court emphasized that without credible evidence of alleged cruelty, and considering both parties' circumstances, substantial maintenance for the child is warranted despite marital dissolution.
A marriage may be dissolved under the Hindu Marriage Act on grounds of cruelty and desertion when evidence shows a complete breakdown of the marital relationship, without any intention for reconcilia....
Sufficient evidence of mental cruelty is necessary for divorce under Hindu Marriage Act, with financial conditions imposed for child support and no permanent alimony due to wife's independence.
Cruelty in marriage includes mental cruelty and can justify divorce when substantiated by evidence, as seen in the appellant's case against the respondent.
Marriage dissolution requires substantiation of cruelty and desertion, influenced by long-term separation, establishing irreparable breakdown and entitlement to permanent alimony.
A party alleging cruelty in divorce must substantiate claims with relevant evidence; failure to do so results in dismissal of the petition.
The court emphasized that allegations of cruelty must be substantiated with convincing evidence, highlighting the burden of proof lies with the alleging party.
Long-term separation and mental cruelty can establish grounds for divorce; subjective interpretations of cruelty vary, requiring careful consideration of overall marital dynamics.
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