THE HONOURABLE SRI JUSTICE T.VINOD KUMAR

AND

THE HONOURABLE SMT. JUSTICE P.SREE SUDHA

CIVIL MISCELLANEOUS APPEAL No.22 of 2025

JUDGMENT:

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

This Civil Miscellaneous Appeal is filed against the Order

dated 12.11.2024 in H.M.O.P.No.45 of 2022, passed by the learned Senior Civil Judge-cum-Assistant Sessions Judge, at

Zaheerabad.

2. The respondent herein/husband had filed an application against the appellant/wife before the trial Court vide H.M.O.P.No.45 of 2022 under Section 13(1)(ia) and (1i) of Hindu Marriage Act, for grant of divorce on the ground of cruelty and adultery. The trial Court got examined P.Ws.1 and 2 on behalf of the respondent/husband and got marked Exs.P1 to P7 on his behalf. R.Ws.1 and 2 were examined on behalf of the respondents, but no documents were filed on their behalf. The trial Court after considering the arguments of both sides allowed the application by granting a decree of divorce. Aggrieved by the said Order, appellant/wife preferred the

present Civil Miscellaneous Appeal.

3. Learned Counsel for the appellant/wife stated that appellant/wife was suffering from permanent visual low vision with 40% disability as per the disability certificate issued by the Medical Board of District Head Quarter Hospital, Sanga Reddy. Respondent/husband is handicapped with right leg, polio affected. Both of them love each other and then with the consent of the elders marriage was performed on 26.05.2010. While the appellant was residing in her in-laws house, when her husband did not came to home, her mother-in-law blamed her that she killed the respondent. At another instance respondent poured kerosene on her to torch and she escaped unhurt, the brother of the respondent hit her and also abused her, as such they shifted to a rented house and stayed there for three years. The respondent/husband used to go to the pan shop and return home drunk. She was surviving on the government pension of Rs.1,500/- given to the disabled persons. Later, they shifted to Mungi Adi Lakshmi Temple Ashramam, as tenants in 2017 and started a Tiffin center. When the appellant/wife got affected by Covid in 2020 and treating in a Government Hospital by staying at her parents, respondent/husband made several allegations against her, as such she gave complaint in ‘Sakhi’. She has also filed a maintenance case and is still pending. The marriage between the parties was consummated for a period of 12 years.

Though she was ready and willing to join the company of the respondent, the trial Court erroneously granted a decree of divorce. Therefore, requested the Court to set aside the Order of the trial Court.

4. Heard arguments of both sides and perused the record.

5. The brief facts of the case are that as per the affidavit filed by the respondent/husband in H.M.O.P.No.45 of 2022, the marriage of the appellant with respondent was performed on 26.05.2010, as per Hindu rites and customs, at Mamidgi Village, Nyalkal Mandal, Sangareddy District. At the time of marriage, respondent/husband was working as Accountant in IKP (Indira Kranthi Pathakam) center. Whereas, appellant/wife was attending the self help group meetings. In such a way, both of them fell in love and later informed the same to their parents. Later, their marriage was performed. It seems that both of them resided together separately in the year 2013. Respondent/husband opened a Pan shop at Mungi X Road and attending the shop from 7:00 AM to 10:00 PM, but appellant/wife never prepared lunch for him. He himself used to prepare the food and she was also scolding him and his mother without any reason, as such they vacated his mother’s house and shifted to a rented house. As there was no change in her attitude the owner of the house, asked them to vacate the house. Later, they shifted to a room in Mungi Audi Lakshmi Temple Ashramam on a monthly rent basis and also started a Tiffin center with the permission of temple committee. Subsequently, appellant/wife brought her moth