The court upheld the lower court's ruling based on lack of evidence for spousal claims and noted the conduct of the appellant as detrimental to the case.

(Per Hon’ble Sri Justice K.Lakshman)

Even today, there is no representation on behalf of the appellant and respondent. We have perused the record.

2. Feeling aggrieved and dissatisfied with the order dated 30.06.2014 in F.C.O.P. No.92 of 2010 passed by the learned Judge, Family Court – cum – Additional District and Sessions Judge, Karimnagar, appellant/husband preferred the present appeal.

3. The marriage of the appellant with the respondent was performed on 01.06.2001 as per Muslim Rites and Customs. It is an arranged marriage. They are blessed with two daughters. According to the appellant due to the involvement of maternal uncle of respondent, there were disputes between the appellant and the respondent. He has warned respondent not to allow such persons in his absence. He started suspecting her fidelity.

Respondent failed to obey the same. She has also threatened him that she will file a petition under Section 12 of the Domestic Violence Act and also implicate him in a criminal case for the offence under Section 498-A of IPC. He went to Dubai and came back to India one week prior to 28.01.2010, respondent has lodged a false complaint against the appellant herein for dowry harassment. She has also filed an application against him and his relative under Section 12 of Domestic Violence Act. He has also issued a legal notice dated 19.10.2010 demanding the respondent to join his society. But she has refused to receive the said notice. He has issued one more notice on 28.11.2010, but she refused to join the company of the appellant. Thus, according to the appellant, respondent deserted him. Therefore, he has filed the aforesaid application against respondent seeking restitution of conjugal rights.

4. To prove his claim, he examined himself as PW.1 and his mother - Sahara Begum as PW.2. He has filed Exs.A1 to A3 including office copy of legal notice dated 19.10.2010. To disprove the claim of the appellant, respondent examined herself as RW.1 and Syed Shoukath Hussain as RW.2. She has filed Exs.R1 to R6 including petition in M.C.No.20 of

2013 of Family Court.

5. On consideration of the said evidence, both oral and documentary, learned Family Court dismissed the aforesaid O.P. filed the by the appellant/husband on 30.06.2014.

6. It is also apt to note that learned Family Court considered the fact that the appellant herein married another women i.e., Ameena Bee on 26.04.2012 under Ex.R.1 – Marriage Certificate during pendency of the said application and also considering Exs.R2 to R6 i.e., FIR in Crime No.11 of 2010, charge-sheet, petition in MC No.20 of 2013, interim maintenance petition and petition for dissolution of Muslim marriage, learned Family Court came to a conclusion that the appellant subjected the respondent to cruelty and also suspected her fidelity. On consideration of the same, learned Family Court dismissed the O.P. filed by the appellant. It is a reasoned order. The appellant herein failed to make out any case to interfere with the said order. Despite granting opportunity, there is no representation on behalf of the appellant. Therefore, this appeal is liable to be dismissed.

7. Accordingly, this appeal is dismissed.

Miscellaneous applications pending, if any, shall stand closed. There shall be no order as to costs.