IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K. Lakshman, Vakiti Ramakrishna Reddy, JJ.
Shiva Deepthi - Appellant
Versus
Konduti Vivek - Respondent
Family Court Appeal No.312 of 2018
Decided On : 05-12-2025
| Table of Content |
|---|
| 1. factual background of the marriage and issues. (Para 2 , 3) |
| 2. counterarguments denying allegations of cruelty. (Para 5 , 6) |
| 3. court's analysis of evidence regarding cruelty and mental health. (Para 7 , 9 , 11 , 12 , 15 , 23 , 24) |
| 4. court reasoning on marriage breakdown and evidence inadequacy. (Para 30 , 31) |
| 5. final ruling on divorce and maintenance orders. (Para 34 , 35 , 36) |
| 6. conclusion and dismissal of miscellaneous petitions. (Para 38) |
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 and during the said period, he used to visit her and take her out for dinner and movies.
viii. He took her to Kerala for honeymoon during 15-6-2011 to 19-6-2011 along with his friend and his friend’s wife, who were also newly married couple.
ix. During their stay at Munnar, she behaved abnormally and strangely, she did not talk with anyone and on one night, she threw the mobile phone, comb, bag etc. on him by shouting loudly without any reason.
x. When he questioned her about her behavior, she informed that she is suffering from psychic problem since her childhood, she is using medicines and if she discontinues the medicines, her behaviour will be abnormal.
xi. The parents of the appellant – wife suppressed the said fact prior to the marriage.
xii. In the month of July, 2011 as it was ashadamasam, she went to her parents house to appear for her MBA exams.
xiii. After completion of ashadamasam, when he along with his parents went to her parental house to bring her back, she refused.
xiv. On persuasion, she joined him and stayed for only 3 days and left the house without informing any one.
xv. Her parents informed that as she was suffering with psychic problem, she went to their house.
xvi. Even he spent a sum of Rs.30,000/- for her treatment.
xvii. On his several requests, she joined his company at Vanasthalipuram, on the next day, she picked up quarrel with him, abused him in filthy language, slapped him and threatened that she would commit suicide.
xviii. Unable to control her, he left the bed room and went to ground floor. She also rushed behind him, slapped him and tore his shirt in the presence of everyone. When his parents tried to stop her, she abused them in filthy language and threw dining table chair on his paternal aunt who is aged about 95 years as such she sustained injuries. She also threw the land line phone on ground.
xix. She again came back to his house and stayed at about 4 to 5 days during which period, she used to take medicines, sleep for 15 hours and she used to go into the kitchen and throw all household articles.
xx. He was in Pune and Gujarath from October 2011 to January 2012 on his official work and visited to Hyderabad twice and requested her to join him in Pune, for which she refused.
xxi. On enquiry, her father informed him that she was undergoing treatment with Dr.Gowri Devi of Im
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.
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