Back
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K.LAKSHMAN, VAKITI RAMAKRISHNA REDDY
Shiva Deepthi – Appellant
Versus
Konduti Vivek – Respondent
| 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,
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
