THE HON’BLE SRI JUSTICE K. LAKSHMAN AND THE HON’BLE SRI JUSTICE VAKITI RAMAKRISHNA REDDY F.C.A. No.210 of 2014

JUDGMENT:

(Per Hon’ble Sri Justice K.Lakshman)

In compliance with the order dated 09.10.2025, learned counsel for the appellant has filed proof of service vide USR No.118091 of 2025, dated 27.10.2025. Despite service of notice, there is no representation on behalf of the respondent.

2. We have heard Mr. B.Shiva Kumar, learned counsel for the appellant and perused the record.

3. Appellant herein is the husband and respondent herein is the wife. Appellant/husband had filed an application under Sections 5(iii) and 13(1) (ia) (ib) of the Hindu Marriage Act, 1955 against the respondent/wife seeking dissolution of marriage on the grounds of cruelty and desertion. The marriage of the appellant with the respondent was performed on 07.09.2007 as per Hindu Rites and Customs. It is an arranged marriage. They were blessed with a female child on

05.06.2009.

4. According to the appellant, respondent subjected him to cruelty and deserted him. Appellant joined as Constable in CISF, Hyderabad, on 22.07.2002. In the year 2007, while he was working at Hyderabad, he requested the respondent that he would take a separate house and to join him at Hyderabad. Respondent did not accept the same and left the house of the appellant without informing to the parents of the appellant and staying with her parents at Gadepally, Guntur District. Subsequently, in February 2008, appellant was transferred to Vadinar, Jamnagar District, Gujarat, on his employment, respondent stayed with the appellant for about six months at Vadinar. She gave birth to a female child on 05.06.2009. Thereafter, appellant took the respondent and his daughter to Jamnagar. There respondent started humiliating the appellant by refusing to attend house hold work and also looking after the baby. Appellant used to take care of all those things.

5. It is further contended by the appellant that the respondent by taking photograph of one Srinivas who worked as PET teacher, while she was studying at Shivanagar, and used to kiss photograph of the said Srinivas before the appellant and when he questioned, respondent scolded and beat the appellant with a stick. On 03.03.2010, respondent without informing the appellant left his company along with her daughter and joined her parents. Despite making hectic efforts to get back the respondent and his child, due to adamant attitude of respondent, appellant could not succeed. In the last week of March, 2010, appellant went to respondent along with elders and tried to pacify the matter but respondent bluntly refused to join the society of the appellant. He made several attempts to get the company of the respondent. But, all the efforts made by him went in vain. Respondent threatened the appellant that she would commit suicide, if the appellant try to bring her to his society.

6. Respondent has also lodged a complaint against the appellant herein for the offence under Section 498-A of I.P.C. Ultimately, the said C.C. is ended in acquittal. She has also filed another criminal case against the appellant herein for the offence under Section 323 of I.P.C. Learned trial Court convicted the appellant herein. Appellant preferred an appeal vide Crl.A.No.17 of 2014. Vide judgment dated 28.08.2014, learned Appellate Court acquitted the appellant herein. Thus according to the appellant, respondent subjected him to cruelty and deserted him. He has also pleaded that on 28.10.2007 he took respondent to Hyderabad to a rented house from there they shifted to Vadinar in Gujarath in the month of February 2008, in view of his transfer. Even then, there is no change in the attitude of the respondent.

7. With the said contentions, he filed the aforesaid FCOP against the respondent seeking divorce on the grounds of cruelty as well as desertion.

8. Respondent filed counter claim under Section 9 read with Section 23 of the Hindu Marriage Act, 1955 seeking restitution of conjugal