THE HON’BLE SRI JUSTICE K.LAKSHMAN AND THE HON’BLE JUSTICE B.R.MADHUSUDHAN RAO FAMILY COURT APPEAL NO.67 OF 2017 Dated: 05.03.2026 XXXXX … Petitioner Vs.

XXXXX … Respondent JUDGMENT (per the Hon’ble Sri Justice K.LAKSHMAN)

Heard Sri G.Sundaresan, learned counsel representing Sri S.V.Subrahmanyam learned counsel for the appellant. Despite service of notice, there is no representation on behalf of the respondent. This Appeal is of the year 2017. We have perused the record.

2. Feeling aggrieved and dissatisfied with the order dated 30.08.2016 in O.P.No.775 of 2013 passed by the learned Family Court at L.B.Nagar, Ranga Reddy District, appellant preferred the present appeal.

3. Appellant is the husband and respondent is the wife. Their marriage was performed on 10.02.2005 as per the Hindu Rites and Customs. It is an arranged marriage. They were blessed with two children out of their wedlock.

4. Appellant filed a petition under Section 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955 vide O.P.No.775 of 2013 seeking dissolution of marriage against the respondent on the ground of cruelty and desertion, contending as follows:

(1)Respondent is his close relative i.e., daughter of his maternal uncle.

Considering the poor financial status of respondent’s parents, without aspiring any dowry or gold from the parents of the respondent, appellant agreed to get the respondent as his wife. His parents also agreed for the same. Father of the appellant sold his house at Vanasthalipuram and father of the respondent approached the father of the appellant and requested to give an amount of Rs.5,00,000/- and he has also obtained promissory note and cheque on giving the said amount of Rs.5,00,000/-. Father of the appellant met with an accident in the year 2007 and at that time, they requested to repay the said amount. But the parents of the respondent failed to pay the said money. Ultimately, father of the appellant died on 05.07.2007 due to lack of financial aid and parents of the respondent also did not attend the funeral ceremony.

(2) Respondent is reluctant towards the appellant and when the appellant suffered with brain fever in the year 2006, respondent left the hospital without taking care of him. After the request, respondent came and joined with the appellant. When the appellant met with an accident on 01.06.2009 and admitted in hospital, respondent abused him in filthy language and left his company and went to her parent’s house without information. On repeated requests, she joined his company. She always used to chit chat with others. On enquiry, appellant came to know that she is maintaining illicit relationship with one Srinivas who is her close relative. Respondent while carrying six months pregnancy in the year 2009, she has not revealed the said fact to the appellant or his mother. Appellant came to know about the same, questioned her and at that time also, she quarreled with him and also misbehaved with him. On 13.11.2009, she left his company without informing him or his mother by taking gold ornaments, promissory note and cheque executed by her father. She gave birth to a male child on 16.01.2010. On came to know about the said fact, the appellant visited her house and at that time also she abused him in filthy language. She also filed a maintenance case i.e., M.C.No.498 of 2012 seeking maintenance against him. Respondent is having illicit relationship with Srinivas, continued the same to harass the appellant and his family, thus respondent subjected him to cruelty and deserted him.

5. Respondent filed counter denying the said allegations. Appellant used to consume alcohol every night, he used to harass her, there is no other alternative to her and therefore, she left the company of the appellant and started staying with her parents. Father of the respondent has not received any amount as alleged by the appellant as hand loan from the father of the appellant. When the respondent carrying six months pregnancy in the year 2009, appellant d