A decree of divorce on the ground of cruelty cannot be granted based on mere allegations and the petitioner's own testimony; it requires cogent evidence proving conduct that adversely affects the spouse, as cruelty is subjective and case-specific.

JUDGMENT

(Per Hon’ble Sri Justice K.Lakshman)

Heard Sri Vijay Ashrith, learned counsel representing Mr.Verose Sanjana, learned counsel for the appellant. Even today, there is no representation on behalf of the respondent.

2. Feeling aggrieved and dissatisfied with the order dated 18.04.2017, in FCOP.NO.564 of 2012, passed by the learned Family Court, Ranga Reddy District at L.B.Nagar, Hyderabad, appellant – wife preferred the present appeal.

3. Appellant is the wife and respondent is the husband.

4. Respondent – husband filed the aforesaid O.P contending that their marriage was performed on 20.03.2011 as per Hindu Rites and Customs. It is an arranged marriage. The said marriage was consummated. However, they were not blessed with any children out of their lawful wedlock. After the marriage, appellant joined the respondent at his house. The peculiar behavior of the appellant has exposed on the first day of marriage itself by stepping into the house with her left leg. The appellant used to insult him stating that he could have married another woman as she was not looking beautiful.

5. On one day, she started speaking to the Lord Shiva, as there was no response, she broken up the photo. When the respondent questioned her, she stated that God directed her to marry respondent only. She started insisting not to sleep when she was awake. 28th August is his birthday, his sister called him at midnight, appellant picked up the phone and abused her in filthy language. She started blaming him that he is maintaining illegal intimacy with his own mother. She was suffering with Schizophrenia. Respondent tried to take her to specialist doctor, but appellant threatened him that she will commit suicide and implicate the respondent and his mother in criminal cases.

6. On 21.11.2011, the respondent returned home from his office, appellant without any warning started abusing and threatening him, locked herself into a room, wrapped a saree around her neck and attempted to commit suicide. She called her father stating that respondent was trying to kill her. Within 20 minutes, 30 to 40 members gathered and beat the respondent mercilessly and also beat his mother. Therefore, they escaped from there and went to police station. But the police did not receive any complaint.

7. It is further alleged that on 22.11.2011, the Police Ibrahimpatnam called the appellant and respondent for reconciliation. Appellant demanded that she will live with the respondent separately from his mother. If the respondent failed to accept the said demand, she will implicate the respondent in a criminal case for the offence under Section 498-A of IPC. The respondent maintained maximum composure to maintain peace. There was no change in the attitude of the appellant. She used to threaten him saying that she will pour acid on his face so that he become ugly and that kill him by pouring petrol.

8. Appellant filed counter denying the said allegations. However, she admitted that at the time of marriage, they have arranged an amount of Rs.12,00,000/- towards dowry and also other requirements. She never behaved in a rude manner as alleged by the respondent. He has made such allegation only to get rid of her and to get second marriage.

9. To prove the said allegations of cruelty, respondent examined himself as PW1 and filed Exs.P1 to P6. To disprove the same, appellant examined herself as RW1.

10. On consideration of the entire evidence both oral and documentary, learned Family Court allowed the said O.P