*THE HON’BLE JUSTICE MOUSHUMI BHATTACHARYA AND THE HON’BLE JUSTICE B.R.MADHUSUDHAN RAO + FAMILY COURT APPEAL No.48 OF 2024 % 30—07—2025 # Smt. Dhulipala Rajyalakshmi … Appellant vs.

$ Mr. Dhulipala Venkata Subramanya Vara Prasad … Respondent !Counsel for the Appellant: Mr. Seema Yasmeen, learned counsel representing Mr.C.Vikram Chandra ^Counsel for Respondent: Mr. Thakur Vijayender Singh, learned counsel representing Mr.Aadesh Varma

>Head Note :

? Cases referred:

1. 2001 (4) SCC 250

2. 2017 (12) Scale 118

3. 2023 INSC 896 : 2025 (3) SCC 790

4. Law Finder Doc ID # 121550 5. Law Finder Doc ID # 219385 6. 2019 AIR Andhra Pradesh 61

7. FCA No.5/2023 dated 10.02.2025 of The High Court for the State of Telangana, Hyderabad.

8. Law Finder Doc Id # 366999

9. AIR 2006 SC 1675

10. 2006 LawSuit (SC) 1040

11. AIR 2013 SC 2176 12. AIR 2022 SC 1099

13. AIR 2007 Rajasthan 93

14. FCA Nos.135 and 136/2014 dated 08.12.2022 of The High Court for the State of Telangana

15. FCA No.111/2011 dated 01.03.2023 of The High Court for the State of Telangana

16. CMA No.512/2023 dated 20.06.2024 of The High Court for the State of Telangana

17. FCA No.53/2014 dated 14.02.2025 of The High Court for the State of Telangana

18. (2002) 1 SCC 308 IN THE HIGH COURT FOR THE STATE OF TELANGANA HYDERABAD * * * *

FAMILY COURT APPEAL No.48 OF 2024 Between:

Smt. Dhulipala Rajyalakshmi … Appellant And Mr. Dhulipala Venkata Subramanya Vara Prasad … Respondent JUDGMENT PRONOUNCED ON: 30.07.2025 THE HON’BLE JUSTICE MOUSHUMI BHATTACHARYA AND THE HON’BLE JUSTICE B.R.MADHUSUDHAN RAO

1. Whether His Lordship wishes to see the fair copy of the Judgment? : Yes

2. Whether the copies of judgment may be Marked to Law Reporters/Journals? : Yes

3. Whether Reporters of Local newspapers may be allowed to see the Judgments? : No ______________________________

B.R.MADHUSUDHAN RAO,J THE HON’BLE JUSTICE MOUSHUMI BHATTACHARYA AND THE HON’BLE JUSTICE B.R.MADHUSUDHAN RAO F.C.A.NO.48 OF 2024 JUDGMENT:(per Justice B.R.Madhusudhan Rao)

1. This appeal is filed by the appellant-wife aggrieved by the order passed by the learned I Additional Family Court Judge, at Hyderabad, in O.P.No.161 of 2019, dated 30.01.2024.

2. Parties will be herein after referred to as appellant-wife and respondent-husband.

3.1. Respondent-husband has filed O.P. against his wife under Section 13 (1) (ia) & (ib) of Hindu Marriage Act, 1955 with a prayer to dissolve his marriage which took place on 04.05.1980 at Venkateswara Vignana Mandir, Guntur.

3.2. Respondent-husband stated in the petition that his wife started pressurizing him to resign the job at Rourkela and go to Madras, finally he convinced his wife and continued the marital life, they are blessed with a daughter by name Srividya in the year 1981. The appellant-wife was adamant and harassed the respondent-husband to shift the family to Madras. In the year

1984, they are blessed with a son by name Srinivas Pavan Kumar. In the year 1990, the respondent-husband resigned his job in Rourkela and moved to Madras. Thereafter, the appellant-wife again started harassing him to shift the family to Rourkela, ultimately the respondent-husband shifted the family to Rourkela and withdrawn his resignation with great difficulty. The appellant- wife started pressurizing the respondent-husband to secure a job abroad and with great efforts he secured a job in Muscat, Sultanate of Oman and left to Muscat in 1994. On 02.10.1995, he returned to Bombay. Finally, he shifted to Hyderabad, his father has secured a job for him in Apollo Hospital and he joined on

09.05.1998.

3.3. The appellant-wife has harassed the respondent-husband continuously and finally he filed OP.No.119 of 2002 at Guntur for grant of divorce on the ground of cruelty. On contest the O.P. came to be dismissed on 20.04.2005 and aggrieved by the same, the respondent-husband preferred CMA before the High Court of Andhra Pradesh vide CMA No.1170 of 2005 which came to be dismissed on 10.10.2012, then he approached the Supreme Court by filing Special Leave Pe