IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON’BLE SRI JUSTICE K. LAKSHMAN AND THE HON’BLE SRI JUSTICE VAKITI RAMAKRISHNA REDDY FAMILY COURT APPEAL NO.5 OF 2018

23^rd DAY OF JANUARY, 2026 Between:

XXXXXXXXXXXXXXX ...Appellant AND XXXXXXXXXXXXXXX ...Respondent

JUDGMENT:

(Per Hon’ble Sri Justice K.Lakshman)

Heard Mr. T.K.Basha Vali, learned counsel for the appellant and Ms. G.Sindhu, learned counsel representing Mrs. K.Rajya Lakshmi, learned counsel for the respondent.

2. This appeal is filed challenging the order dated 08.08.2017 in F.C.O.P.No.1699 of 2013 passed by the learned Judge, Family Court, Ranga Reddy District at L.B.Nagar. Appellant is the husband and respondent is the wife.

3. The appellant/husband has filed an application under Section 13(1)(ia) of the Hindu Marriage Act, 1955 vide F.C.O.P.No.1699 of 2013 against the respondent/wife seeking dissolution of marriage on the ground of cruelty. The respondent/ wife has filed an application under Section 9 of the Hindu Marriage Act, 1955 vide F.C.O.P.No.619 of 2014 against the appellant/husband seeking restitution of conjugal rights.

4. Vide common order dated 08.08.2017, learned Family Court, allowed F.C.O.P.No.619 of 2014 filed by the wife and dismissed F.C.O.P.No.1699 of 2013 filed by the husband. Challenging the order in F.C.O.P.No.1699 of 2013, husband preferred the present appeal and he did not prefer any appeal challenging the order in F.C.O.P.No.619 of 2014.

5. The marriage of the appellant with the respondent was performed on 01.12.2010 as per Hindu Rites and Customs. It is an arranged marriage. They were blessed with a male child in June, 2012. Thereafter, appellant has filed the aforesaid FCOP contending that at the time of marriage, parents of the respondent gave an impression to the appellant and his parents that she is educated and having computer knowledge. Believing the same, he married the respondent. Later, he came to know that the respondent and her parents intentionally suppressed the fact that respondent was suffering from mental disorder. Immediately after their marriage, they started living at Meerpet, Saroornagar. During the said stay, appellant observed that respondent is suffering from mental disorder, she used to run away from the house without intimation and he used to bring her during the nights. Respondent used to make calls to his office and ask his colleagues as to what type of relations they have with him. The appellant requested the respondent not to make such calls as his reputation would be affected. But she did not change her attitude.

6. It is further alleged that the respondent used to sit alone in the room by closing the doors and hit her head to the wall. The same was informed to her parents, who in turn, informed that it is common in their family. Even after conceiving, there is no change in her attitude. Respondent used to harass the appellant and his parents by abusing in filthy language. Thus, the respondent subjected the appellant to cruelty. On 05.01.2013, respondent and her parents lodged a false complaint alleging that the appellant was demanding for additional dowry. On receipt of the same, Police have conducted counseling. Thus, the appellant subjected the respondent to cruelty and deserted him.

7. Respondent filed counter denying the said allegations. According to her, it is the appellant who subjected her to cruelty and he has neglected her.

8. To prove the said cruelty, appellant examined himself as PW.1 and filed Exs.P.1 to P.4 i.e., Ex.P1 - wedding card, Ex.P2 - marriage photographs, Ex.P3 – letter executed by the respondent and Ex.P4 is a copy of aadhar card. To disprove the said cruelty, respondent examined herself as RW.1 and her sister as RW.2.

9. It is apt to note that respondent has executed Ex.P3 - letter admitting that she has committed mistakes earlier and she will not repeat the same. She wants to stay with the appellant/husband and her in-laws. However, according to respondent, she was forced to ex