IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON’BLE SRI JUSTICE K. LAKSHMAN AND THE HON’BLE SRI JUSTICE B.R.MADHUSUDHAN RAO FAMILY COURT APPEAL No.13 of 2015 DATE OF JUDGMENT: 10.02.2026 Between: xxxxxxxx Appellant AND xxxxxxxx Respondent This Court made the following:

JUDGMENT

(Per Hon’ble Sri Justice K. Lakshman)

Heard Mr. Shravan Kumar Goud, learned counsel for the appellant.

2. Learned counsel for the appellant, on instructions, submits that he tried to contact the counsel appearing on behalf of the respondent in the Family Court, but there was no response. Even today, there is no representation on behalf of the respondent.

3. This appeal is filed challenging the order dated 17.04.2014 in F.C.O.P.No.36 of 2011 passed by the learned Judge, Family Court-cum-Additional District and Sessions Judge, at Karimnagar.

4. Appellant is the husband and respondent is the wife. Their marriage was performed on 19.05.1990 as per Hindu rites and customs. Out of the wedlock, they were blessed with three children.

5. Appellant/husband filed the aforesaid FCOP No.36 of 2011 under Section 13(1)(i) (ia) and (ib) of Hindu Marriage Act, 1955 against the respondent/wife seeking dissolution of marriage on the grounds of cruelty and desertion, contends as follows:

i) The respondent got a job as an ANM in the Medical and Health Department.

ii) She used to pick quarrels and maintain a sense of superiority.

iii) She used to abuse the petitioner by comparing him with others and stating that he was not spending money to provide a luxurious life for her.

iv) The respondent did not heed the advice of the petitioner and abused the petitioner and his mother in filthy language in the presence of guests and friends.

v) The respondent used to allege that the petitioner was having an illicit relationship with another woman.

vi) She failed to participate in household work and frequently visited her parents’ house without intimation.

vii) The attitude of the respondent caused hardship and mental agony to the petitioner, and he spent sleepless nights due to the harassment.

6. The appellant further contended that he was working as a Steno in the Commercial Tax Department at Jagtial. The petitioner brought all the facts to the notice of the parents of the respondent, even then, there was no change in the attitude of the respondent. He further contended that in the month of October, 2010, the respondent picked up a quarrel and went to her parental house and has been living there since then.

7. The first daughter of the petitioner and the respondent is undergoing ANM training, the second daughter is married, and the son is studying with the petitioner. All the efforts made by the petitioner to bring back the respondent proved futile. The respondent threatened the petitioner that she would file criminal cases, and finally, she filed a complaint before the police at Husnabad. The request made by the petitioner to the respondent to join him did not fructify.

8. The respondent filed a counter denying the said allegations. According to her, the appellant harassed her. She further stated that the appellant contracted a second marriage with one Duta Bhoomakka and is living with her. Keeping in mind the welfare of the children, she did not lodge any complaint against the appellant.

9. The children are living with the respondent. The appellant is not taking care of the children and is residing at Adilabad with his second wife. The appellant took loans against the salary of the respondent, and she has no sufficient means to maintain the children. The appellant deliberately neglected his matrimonial duties.

10. To prove the said cruelty and desertion, the appellant examined himself as PW.1, a Panchayat elder as PW.2, the mother of the petitioner as PW.3, and the brother of the petitioner as PW.4. He filed Ex.P.1, a joint photograph. To disprove the said allegations, the respondent examined herself as RW.1, RW.2 is her mother, and RW.3 is the daughter of the petitioner and the r