Long-term separation and mental cruelty can establish grounds for divorce; subjective interpretations of cruelty vary, requiring careful consideration of overall marital dynamics.

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 Extension Officer (Gazetted Officer) in Agriculture Department at Narmetta Village, Jangaon Mandal, Warangal District and he was working as a Clerk in Railway Department at Secunderabad.

v. After the marriage, they lived together in Railway Quarters, Moula-Ali, Hyderabad as he was allotted a quarter.

vi. Thereafter, disputes arose between them.

vii. The wife was arrogant and she feels superior than him. She used to comment him and his family members very badly which are unbearable.

viii. All the efforts to change her attitude have become futile.

ix. During her pregnancy, she used to react wildly against him and there was no proper intimation about her admission in the hospital for the purpose of delivery. On coming to know about her admission in the hospital, he went to the hospital at Kukatpally, where Mr. K. Umakanth, brother of his wife, made derogatory comments against him and created nuisance in the hospital, thereby he was constrained to leave the place.

x. His wife and her family members did not invite him for naming ceremony of the child and to Annaprasana ceremony.

xi. During the period of their separation, her father died in the month of November, 2008 and he went to see dead body of his father – in –law but she did not talk to him. He was not even intimated about the death ceremony. All these acts of the wife shows that she is not interested to continue marital life.

xii. On 29.12.2008, his mother died and he contacted her as well as conveyed through message. His wife, her brother and sister-in- law came to his house and despite his request to stay, his wife did not stay with him and made derogatory comments against him.

xiii. Despite several efforts made by him, she did not come back to the matrimonial home.

4. With the aforesaid contentions, he sought to grant decree of divorce by dissolving his marriage with his wife.

5. The wife filed a petition vide FCOP No.409 of 2015 under Section 9 of the Act, 1955 seeking restitution of conjugal rights against husband contending as follows:-

i. He was in the habit of taking away her entire salary and used to give Rs.50/- daily for her travelling expenses to go to the work place.

ii. He forced her to get abortion as he had responsibility towards his family. Even during pregnancy, she attende