THE HON’BLE SRI JUSTICE K. LAKSHMAN AND THE HON’BLE SRI JUSTICE VAKITI RAMAKRISHNA REDDY F.C.A. No.218 of 2015

04^th December, 2025 Between:

Smt. N.Kiranmai … Petitioner AND N.V.Sai Tej Kiran …Respondent

JUDGMENT:

(Per Honourable Sri Justice K.Lakshman)

Heard Sri V.V.Ramakrishna, learned counsel representing Sri Sai Gangadhar Chamarty, learned counsel for the appellant.

2. This appeal is filed by the appellant/wife aggrieved by the order dated 08.07.2015, passed in O.P.No.493 of 2011 by the Judge, Family Court, L.B.Nagar, Ranga Reddy District.

3. Learned counsel for the appellant/wife has filed proof of service along with notice dated 17.11.2025 postal receipt and postal tracking report. Despite service of notice, there is no representation on behalf of respondent/husband.

4. Sri V.V.Ramakrishna, on instructions would submit that he has no instructions from the appellant. He has sent a letter to the appellant. Despite receipt of the same, there is no communication from her.

5. We have perused the record.

6. The marriage of the appellant with the respondent was performed on 10.08.2005 as per Hindu rites and customs and it is an arranged marriage. They were blessed with a female child on 19.10.2007. Thereafter, respondent/husband filed an application under Section 9 of Hindu Marriage Act vide O.P.No.5 of 2008 against the appellant/wife seeking restitution of conjugal rights and the same was allowed on 05.10.2010. Even then the appellant did not join his company. Therefore, the respondent/husband got issued legal notice on 28.02.2011, i.e., requesting the appellant/wife to join his company. Despite receipt of the said legal notice, the appellant did not join his company. Thereafter, the respondent/husband has filed a petition under Section 13 (1) (ia) and (ib) of the Hindu Marriage Act, seeking dissolution of the marriage on the grounds of cruelty and desertion.

7. The respondent/husband contended that after giving birth to female child, the appellant started behaving in different manner and she used to pick up quarrels with him on petty issues. The appellant used to threaten the respondent that she will commit suicide by jumping from terrace and used to hit her head to the wall whenever the respondent did not choose to listen to her demands. The parents of the appellant also did not come to his rescue when he reported the same. The appellant/wife used to abuse the respondent/husband and his parents in filthy language. The appellant conceived in the month of July, 2007, as such, she went to her parents and did not choose return to his conjugal society, even after delivery. Thus, she is not interested and she did not maintain good and cordial relationship.

8. On 12.05.2008 when the respondent returned home in hunger, he found that the appellant did not prepare food. On enquiry she has informed him that she wants to go back to her parents’ home. She has again threatened to commit suicide and also kill the child. Thus, according to respondent/husband, the appellant subjected him to cruelty and deserted him.

9. To prove the said cruelty, the respondent examined himself as PW1 and filed Ex.P1 – Wedding card, Ex.P2 – Office copy of legal notice dated 22.02.2012, Ex.P3 & P4 – Acknowledgments, Ex.P5 – Another acknowledgment, Ex.P6 – Certified copy of order in O.P.No.5 of 2008 and Ex.P7 – Certified copy of order in O.P.No.5 of 2009. To disprove the said cruelty and desertion, the appellant examined herself as RW1 filed Ex.R1 – copy of the order in F.C.A.No.351 of 2013.

10. On consideration of the entire evidence, vide impugned order dated 08.07.2015, learned Family Court allowed the said OP, dissolving the marriage of the appellant with the respondent.

11. A perusal of the record would reveal that the appellant preferred an appeal vide F.C.A.No.351 of 2013 challenging the order dated 05.10.2010 in O.P.No.5 of 2008. Vide order dated 13.11.2013 this Court allowed the said appeal by setting aside the order dated 05.10.2010 in O.P.No.5 of 2008 subject to