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

Heard Mr. Arun Kumar Jaiswal, learned counsel for the appellant - wife and Mr. Satish Kumar Varma, learned counsel for the respondent - husband.

2. This appeal is filed by the appellant - wife aggrieved by the order dated 30.01.2018 in O.P.No.1542 of 2005 passed by learned Principal Judge, Family Court, Hyderabad.

3. The appellant - wife filed the aforesaid O.P. under Sections - 7 (a) of the Family Courts Act and Section - 13 (1) (a) of the Hindu Marriage Act, 1955, (for short, ‘the Act, 1955’) against respondent - husband, seeking dissolution of marriage and for the custody of minor children, namely, Baby Ananya and Master Anish Kumar contending that:

i. The Marriage of the parties was solemnized on 16.05.2004 as per Hindu rites and customs.

ii. They were blessed with two children out of their lawful wedlock, namely Ananya on 03.05.2005 and Master Anish Kumar on 27.01.2011.

iii. It was an arranged marriage.

iv. She was studying intermediate and was 17 years old at the time of marriage.

v. At the time of marriage, her parents presented a Car, 250 grams of gold, net cash of Rs.1.00 lakh and household articles.

vi. Respondent suspected her from the beginning, restricted her movements and did not allow her to wear Saree alleging others would look at her.

vii. She joined Vanita Maha Vidyalaya College, but discontinued due to pregnancy.

viii. Later, respondent worked at Reliance Communications, Kurnool, and did not take her to Kurnool and used to visit her on weekends.

ix. During the said period, she learnt of respondent’s extra-marital relationships.

x. Respondent’s mother abused her and her family over dowry issues, monitored household activities, abused and insulted her as an ‘illiterate and an unworthy woman’ and his father remained a silent spectator.

xi. After first delivery, she was abused and despite ill health, she was forced to do household work.

xii. After respondent joined ICICI Bank, he picked up quarrels, imposed contradictory restrictions and insulted her regarding appearance and character.

xiii. He restrained her from wearing a saree alleging that others were watching her and questioned for whom she was wearing it, while his mother simultaneously insisted that she wears a saree.

xiv. Later, the respondent and his mother necked her out along with the children. Thereby, she filed DVC Case No.113 of 2014 before III Metropolitan Magistrate, Hyderabad.

xv. He got prepared a Memorandum of Understanding (MOU) dated 15.10.2014 forcing her to withdraw the DVC case.

xvi. Unable to bear the ill-treatment, she attempted to commit suicide by consuming mosquito liquid ‘All Out’ on 07.11.2014 and was treated at Yashoda Hospital, Secunderabad.

xvii. She made another attempt to commit suicide on 22.03.2015 by cutting her left hand wrist joint and was treated at Gandhi Hospital.

xviii. She got issued legal notice on 02.12.2014 demanding him to handover the children and provide maintenance and also to return the marriage expenses and other articles provided during marriage.

xix. She drafted a MOU on 25.10.2014 for the said purpose, but the respondent and his mother did not agree for the same. Therefore, she filed OP.

xx. A complaint was lodged, leading to registration of FIR No.56 of 2015 dated 23.03.2015 at Mahankali Police Station, the same was subsequently transferred and renumbered as FIR No.74 of 2015 dated 24.04.2015 at Women Police Station, Begumpet, and is pending enquiry.

With the said contentions, the appellant - wife sought for dissolution of marriage on the ground of cruelty.

4. Opposing the said allegations, the respondent - husband filed counter contending as follows:

i. The appellant’s age was misrepresented by her parents as 19 years and performed the marriage.

ii. He discovered the said fact after marriage when he admitted her in Vanita Maha Vidyalaya College for pursuing B.A degree course.

iii. He never asked for dowry. He along with his parents presented 150 grams of g