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2026 Supreme(Telangana) 563

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K. LAKSHMAN, B.R. MADHUSUDHAN RAO, JJ.
 
XXXXX - Appellant 
Versus
XXXXX – Respondent
Family Court Appeal Nos. 175 and 298 of 2017
Decided On : 15-09-2026

JUDGMENT :

K. Lakshman, J.

Heard Sri R. Pavan Reddy, learned counsel for the Appellant and Sri N. Krishna Sumanth, learned counsel appearing for the Respondent.

2. Appellant is the husband and Respondent is the wife. Feeling aggrieved and dissatisfied with the common order and decree dated 19.12.2016 in FCOP No. 231 of 2013, FCOP No. 654 of 2013, and MC No. 46 of 2012 passed by the Family Court at Secunderabad, the Appellant-husband preferred the present appeals.

3. The Appellant–husband filed an appeal vide FCA No. 298 of 2017 against the order passed in FCOP No. 231 of 2013 (old O.P. No. 19 of 2012) on the file of learned Senior Civil Judge, Adoni, Kurnool District) under Section 13(1)(ib) of the Hindu Marriage Act, 1955 (hereinafter, “the Act”) against the Respondent–wife seeking dissolution of marriage on the ground of desertion. The said petition was dismissed by the learned Family Court.

4. The Appellant also filed an appeal vide FCA No. 175 of 2017 aggrieved by the order passed in FCOP No. 654 of 2013 filed by the Respondent-wife under Section 9 of the Act, seeking restitution of conjugal rights. The said petition was allowed by the learned Family Court directing the Appellant-husband to lead a marital life with the Respondent-wife within one month from the date of the order. Also, the Respondent-wife and her daughter filed M.C. No. 46 of 2012 under Section 125 of the Code of Criminal Procedure, 1973 (hereinafter, “the CrPC”) seeking maintenance of Rs. 11,500/- per month each.

5. The Appellant–husband and the Respondent–wife got married on 28.02.2008 at Raja Rajeswari Function Hall, Adoni. It was an arranged marriage, performed as per Hindu rites and customs. Out of the wedlock, on 04.12.2009, they were blessed with a daughter named Y. Kharunya.

6. The Appellant-husband in FCOP No. 231 of 2013 sought dissolution of marriage on the ground of desertion contending as follows:

i. The marriage between the Appellant and the Respondent was performed on 28.02.2008.

ii. They lived together at Adoni for one week, and thereafter they started their marital life at Tirupati where he was working as Assistant Manager in Union Bank of India, Tirupati branch.

iii. They lived together happily for a period of one month only as the she was unhappy with his family members. She used to dictate terms at the instance of her parents, who advised her to keep her husband in her clutches so that he severs ties with his family members.

iv. She abused and threatened him that his family members should not visit their house at Tirupati, whereas her parents used to visit their house often and stayed there for days together.

v. On one occasion, she along with her parents visited the Bank, where he was working and asked his colleagues to advise him to live as per her whims and fancies, and not work beyond the working hours. His colleagues admonished him in respect of her eccentric behaviour. When he questioned regarding the same, she and her parents quarreled with him.

vi. Whenever he expressed his desire to visit his mother and sister at Adoni, she bluntly refused to accompany him stating that they were not up to her stature and expressed that she dislikes them.

vii. The Appellant bore the inhuman behaviour of the Respondent with a hope of change in her attitude, however, to his dismay there was no such change.

viii. The Appellant further contends that on 07.04.2009, the Respondent left to Hyderabad along with her parents to attend a marriage at Kurnool, and thereafter never returned. Although the Appellant contacted her several times requesting to join his society, she turned a deaf ear.

ix. In the month of October 2009, when the Appellant visited Adoni to celebrate festival with his family members, the Respondent-wife along with her parents went to Tirupati and took all the household articles and jewellary presented to her at the time of marriage, without informing him. She also took away four gold rings belonging to him which remain in her custody. On his return to

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