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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
MOUSHUMI BHATTACHARYA, B.R.MADHUSUDHAN RAO
Dhulipala Rajyalakshmi – Appellant
Versus
Dhulipala Venkata Subramanya Vara Prasad – Respondent
| Table of Content |
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| 1. preventing legal proceedings without reconciliation. (Para 1 , 2) |
JUDGMENT :
B.R. Madhusudhan Rao, J.
1. This appeal is filed by the appellant-wife aggrieved by the order passed by the learned I Additional Family Court Judge, at Hyderabad, in O.P.No.161 of 2019, dated 30.01.2024.
2. Parties will be herein after referred to as appellant-wife and respondent-husband.
3.1. Respondent-husband has filed O.P. against his wife under Section 13 (1) (ia) & (ib) of Hindu Marriage Act, 1955 with a prayer to dissolve his marriage which took place on 04.05.1980 at Venkateswara Vignana Mandir, Guntur.
3.2. Respondent-husband stated in the petition that his wife started pressurizing him to resign the job at Rourkela and go to Madras, finally he convinced his wife and continued the marital life, they are blessed with a daughter by name Srividya in the year 1981. The appellant-wife was adamant and harassed the respondent-husband to shift the family to Madras. In the year 1984, they are blessed with a son by name Srinivas Pavan Kumar. In the year 1990, the respondent-husband resigned his job in Rourkela and moved to Madras. Thereafter, the appellant-wife again started harassing him to sh
The court ruled that to establish desertion under the Hindu Marriage Act, the petitioner must prove both the factum of separation and the intent to permanently cease cohabitation, which was not demon....
The appeal court found the Family Court's dismissal of divorce due to cruelty and desertion to be perverse, establishing that the husband's behavior justified dissolution of marriage.
Desertion requires proof of intentional permanent abandonment and cannot be presumed from mere long separation.
Conduct constituting unfounded accusations can constitute mental cruelty and justify divorce when the marriage is irretrievably broken.
Family and Personal Law - Seeking divorce - Ground of desertion - It is obligation of the court and all concerned that marriage status should, as far as possible, as long as possible and whenever pos....
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