HON’BLE SRI JUSTICE K. LAKSHMAN AND HON’BLE JUSTICE B.R.MADHUSUDHAN RAO FAMILY COURT AP PEAL NO. 69 of 2016 Between xxxxxxxxxxxxx …..Appellant and xxxxxxxxxxxxx ….Respondent This Court delivered the following:-

JUDGMENT: (Per Hon’ble Sri Justice K. Lakshman)

Heard Sri Alovala Kedharnath, learned counsel representing Sri Jithender Rao Veeramalla, learned counsel appearing for the appellant and Sri Srinivas Karra learned counsel appearing for the respondent.

2. The present appeal is filed by the wife against the order dated

03.02.2016 passed in FCOP No.327 of 2013 by the Judge, Family Court, at Secunderabad.

3. The Appellant is the wife and Respondent is the Husband.

4. The husband filed the aforesaid petition vide FCOP No.327 of 2013 under Section 13 (1) (ia) and 13(1) (iii) of the Hindu Marriage Act, 1955 (for short, ‘the Act’) seeking dissolution of his marriage with the wife on the grounds of cruelty and unsound mind with the following averments:-

i. The marriage of the parties was performed on 05.05.2001 at Nampally, Hyderabad as per Hindu rites and customs.

ii. It is an arranged marriage.

iii. At the time of Marriage, the parents of the respondent –

husband gave 25 tulas of gold to the appellant - wife.

iv. They were blessed with a male child by name Sakshit on

12.09.2002 out of their lawful wedlock.

v. She used to work in Kedia Fans, Chirag Ali Lane, Abids, Hyderabad.

vi. She never used to attend household duties and never helped to her mother – in – law in kitchen.

vii. She never showed any interest in cohabitation, due to which respondent suffered mentally and physically.

viii. She avoided breast feeding the child and fed the baby with excessive Vijaya Milk which ultimately caused digestive problems to the child.

ix. During March 2003, she picked up quarrel with the mother of the respondent – husband and left the matrimonial home along with her son and stayed at her parental home for a period of six months and returned in August, 2003 without repenting for her actions.

x. She is very adamant. She never treated them properly which caused lot of mental agony to him.

xi. She quarreled with her father-in-law with regard to switching off the T.V and went to her mother’s house on 13-03-2006 and stayed there till January 2010.

xii. She refused cake sent by him on 12.09.2007 on the event of his son’s birthday.

xiii. In spite of several requests and panchayat held on 09.09.2007, she did not join him. She admitted the child in school during June 2006.

xiv. He got issued a notice through his counsel requesting her to join him but she refused.

xv. Finally, in the meeting held 10.09.2009 at his house, mother of the appellant – wife accepted to send her on the conditions that his wife will not do any domestic work, she should have a maid servant and respondent – husband should not ask money from her.

xvi. Even after joining the respondent - husband, she never changed her behavior and caused mental agony to him on petty issues.

xvii. He took her to a pleasure trip to Waynad, kerala including the families of his friends by name Sandeep Singh and Om prakash on 06.06.2011. Instead of enjoying the trip, she used to pick up quarrels with him by shouting at her.

xviii. On 25.11.2011, she picked up a quarrel with the respondent regarding rangoli and informed the same to her mother and thereafter, her brother brought Police from P.S. Chilkalguda to his residence at around 2:00 a.m. on 26.10.2011. The police advised both the parties to lead a peaceful and happy life and left.

xix. Ten days after the said incident the appellant’s mother, brothers and sister came to his house and quarreled with him and they have threatened him to kill him.

xx. In July 2012, the appellant picked up a quarrel and abused his mother in filthy language. She contacted P.S. Chilakalguda, who sent him to Women Police Station, Begumpet for counseling in which the parties were advised to live separately, and accordingly, on 05.08.2012, they began residing separately at North Lalaguda.

xxi. She did