THE HONOURABLE SRI JUSTICE K.LAKSHMAN AND THE HONOURABLE SMT. JUSTICE P.SREE SUDHA FAMILY COURT APPEAL No.202 of 2012

JUDGMENT:

(per Hon’ble Smt. Justice P.Sree Sudha)

This Family Court Appeal is filed against the Order dated

10.04.2012 in O.P.No.1526 of 2008 passed by the learned Family Court Judge, Ranga Reddy District at L.B.Nagar, Hyderabad.

2. One Anitha/wife filed O.P for divorce against her husband A.Venkateshwara Rao/respondent under Section 13 (1) (ia), 25 & 26 of Hindu Marriage Act on the ground of cruelty and also for granting of permanent alimony of Rs.20 lakhs and for custody of minor child, Taruni including create charge on the property to the extent of Rs.40 lakhs. The petitioner in the trial Court examined herself as P.W.1 and marked Exs.A1 to A6. Respondent examined himself as R.W.1 and got marked Exs.R1 to R12. The trial Court after considering the oral and documentary evidence on record dismissed the petition and granted custody of minor child to the petitioner and gave liberty to file an application regarding her marriage expenses when the child attains majority. Aggrieved by the said Order, petitioner therein preferred the present appeal.

3. Heard both sides. Perused the entire record.

4. The parties herein are referred as petitioner/wife and respondent/husband as arrayed before the trial Court for the sake of convenience.

5. Learned counsel for appellant mainly contended that the trial Court erred in concluding that the parties have been living separately for three years warranting dissolution of marriage and the O.P. filed by the appellant discloses that the disputes are a part of ware and tare of the marriage. The order of the trial Court is cryptic and requested this Court to set aside the order of the trial Court.

6. It is second marriage to both the petitioner and respondent. The petitioner was married earlier and was divorced in the year 1995. The respondent was married in the year 1996 and was divorced in the year 1998. Both the petitioner and respondent got married on 04.10.2000 and were blessed with one female child, Taruni on 29.07.2001. When the petitioner became pregnant, respondent left to Qatar for employment leaving the petitioner at her parent’s house. He returned from Qatar in the month of April, 2002 after completion of his contract and the respondent secured a job in Kuwait in the month of June, 2003. The petitioner insisted to take her and the child along with him and thus she, along with their child went to Kuwait along with the respondent.

7. The petitioner alleged that the respondent used to beat her, due to which she would not get up for even two or three days and her child was a witness to the said physical abuse. In June, 2007 she came to India along with her daughter, as the child was suffering with health problems. Later, when respondent promised to reform himself, the petitioner went along with her daughter to Kuwait. The respondent took away his property documents and cash and threatened her if the child interferes him from beating the petitioner, he would hit the child on her abdomen where she had sutures after surgery. On 24.11.2007, the respondent out of anger banged the head of the petitioner against the wall and she collapsed. The daughter of the petitioner ran to neighbors and brought them and took her to the hospital. The petitioner along with her child left India without informing to the respondent by misleading him stating that she was going to attend a pooja and would return by midnight and thus she left to India. Thereafter from

24.11.2007, the respondent did not see the petitioner and the child nor contacted them. As respondent is having properties, she is entitled for permanent alimony and permanent custody of the child and also for divorce.

8. Respondent denied all the material allegations made against him. On 31.03.2001, the respondent was out of employment, married the petitioner and spent the saved amount for the purpose of marriage expenses and later he got job in M/