JUDGMENT

(Per Hon’ble Dr. Justice Shameem Akther)

This appeal, under Section 19 of the Family Courts Act, 1984, is filed by the appellant/husband, challenging the order, dated 31.05.2021, passed in O.P.No.1086 of 2018 by the Principal Judge, Family Court, Hyderabad, whereby, the subject O.P. filed by the respondent/wife, under Section 2 (ii) (viii) of the Dissolution of Muslim Marriage Act, 1939, read with Section 10 of the Family Courts Act, seeking to grant decree of divorce, by dissolving the marriage performed between her and the appellant/husband on 10.07.2016, was allowed.

2. Heard the learned counsel for the appellant/husband, learned counsel for the respondent/wife and perused the record. 3. Learned counsel for the appellant/husband would vehemently contend that the respondent/wife could not prove that the appellant/husband had deserted her. The marriage between the parties is not irretrievably broken down. The appellant/ husband has been making efforts to join the company of the respondent/wife. The Court below did not appreciate the evidence of RWs.1 and 2 in correct perspective. The Court below, without there being any ground to dissolve the marriage between the parties, allowed the subject O.P. filed by the respondent/wife. The appellant/husband has great respect to marriage. The marriage between the parties was a love marraige. The appellant/husband is ready to take the respondent/wife to USA and ultimately, prayed to set aside the impugned order and dismiss the subject O.P.

4. On the other hand, learned counsel for the respondent/wife would submit that there was harassment on the part of the appellant/husband and his family members. The marriage between the parties had taken place on 10.07.2016. The appellant/husband left to USA in August, 2016. He returned to India on 30.09.2016, when his mother was diagnosed with cancer. Thereafter, in January, 2017, he again left to USA. There was no communication between the parties for a period of five years, prior to the date of passing of the impugned order. The marriage between the parties has irretrievably broken down. The appellant/husband failed to pay maintenance and caused cruelty to the respondent/wife. The Court below had appreciated the whole evidence on record in right perspective and was pleased to dissolve the marriage between the parties. There are no grounds to interfere with the same and ultimately prayed to dismiss the appeal by confirming the order under challenge.

5. In view of the above rival submissions, the points that arise for determination in this appeal are as follows:

1. Whether the appellant/husband failed to pay maintenance to the respondent/wife?

2. Whether the marriage in between the parties can be dissolved on the ground of cruelty?

3. Whether the Court below is justified in granting divorce to the parties vide the impugned order, dated 31.05.2021, passed in O.P.No.1086 of

2018?

POI NTS:-

6. As seen from the material placed on record, the marriage between the appellant/husband and the respondent/wife took place on 10.07.2016, as per the customs prevailing in Mohammadian law. Thereafter, the appellant/husband left to USA in the month of August, 2016. On 30.09.2016, he came to India having come to know that his mother was suffering with cancer. Thereafter, he left to USA in January, 2017. Since then, he did not visit India. The evidence of the appellant/husband before the Court below was also recorded through video conference. The appellant/husband did not file any document to establish that there was any communication between him and the respondent/wife. There is also evidence on record that the father of the appellant/husband warned the respondent/wife not to have any contact with the appellant/husband.

7. The appellant/husband and the respondent/wife lived together as husband and wife for the period between 10.07.2016 and August, 2016. It was for a short period. On 30.09.2016, when the appellant/husband came to India for the purpose of treatment of h