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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K.LAKSHMAN, VAKITI RAMAKRISHNA REDDY
Perla Bhadri Narayana Prasad – Appellant
Versus
Konkimalla Sailaja – Respondent
JUDGMENT :
K. LAKSHMAN, J.
1. Heard Sri Ms. Sowjanya, learned counsel, representing Mrs. K. Udaya Sri, learned counsel for the husband and Sri Chetluru Srinivas, learned counsel representing Mrs. S.Anuradha Naidu, learned counsel for the wife, in both the appeals.
2. FCA No.36 of 2015 is filed by the husband aggrieved by the order dated 03.12.2014 passed in FCOP No.446 of 2013 by the Judge, Family Court, Secunderabad, whereas, FCA No.393 of 2018 is filed by the wife against the order dated 30.04.2018 passed in FCOP No.409 of 2015 by the Judge, Family Court, City Civil Court at Secunderabad.
3. The husband filed the aforesaid petition vide FCOP No.446 of 2013 under Section 13 (1) (ia) and (ib) of the Hindu Marriage Act, 1955 (for short, ‘the Act’) seeking dissolution of his marriage with the wife on the grounds of cruelty and desertion with the following averments:-
i. The marriage of the parties was performed on 20.02.2003 at Secunderabad as per Hindu rites and customs.
ii. It is an arranged marriage.
iii. They were blessed with a female child by name Vaishnavi born on 15.05.2004 out of their lawful wedlock.
iv. As on the date of marriage, the wife started her career as Agricultural Exte
Long-term separation and mental cruelty can establish grounds for divorce; subjective interpretations of cruelty vary, requiring careful consideration of overall marital dynamics.
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....
A party alleging cruelty in divorce must substantiate claims with relevant evidence; failure to do so results in dismissal of the petition.
Divorce can be granted on grounds of cruelty and desertion when the marriage is irretrievably broken, with each party's conduct evaluated in light of their inability to reconcile.
The Family Court can grant divorce on the grounds of cruelty and desertion only if sufficient evidence is presented, affirming the need for corroboration in such claims.
A spouse alleging cruelty must provide sufficient evidence to substantiate such claims, and judicial separation may be upheld over divorce when reconciliation remains a possibility.
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