This Court delivered the following:

JUDGMENT: (per Justice B.R.Madhusudhan Rao)

1. This Memorandum of Family Court Appeal is filed under Section 19 of the Family Courts Act, 1984 (for short ‘FCA’) assailing the order passed by the learned Judge, Family Court at Secunderabad in FCOP No.40 of 2014, dated 26.04.2016.

2.1. Respondent and her daughter by name Shree Nidhi have filed M.C.No.39 of 2013 against the appellant-petitoner, during pendency of the M.C. appellant-petitioner has filed O.P. for divorce. Evidence of the parties is taken in M.C. The learned trial Court vide common order dated 26.04.2016 allowed the M.C. in part and dismissed the O.P. filed by the appellant-petitioner.

2.2. Appellant is the petitioner and respondent is the respondent in FCOP No.40 of 2014.

3. Parties will be herein after referred to as they are arrayed in the Appeal.

4.1. Appellant-petitioner has filed OP under Section 13 (1) (ia) & (ib) of the Hindu Marriage Act, 1955 to dissolve his marriage on the grounds of cruelty and desertion.

4.2. It is stated in the OP that his marriage with the respondent is performed on 23.11.2008 at Raghavendra Garden Function Hall, Secunderabad as per Hindu Rites and Customs. The marriage is consummated, they are blessed with a baby girl on 17.11.2009. Since the beginning of the marriage, respondent did not show any interest in the marital relation and human values and she wanted to have self earnings for her lavish life, never used to care anybody and used to work continuously even today in Multinational Company where she is drawing high amounts of salary. Respondent used to abuse the appellant-petitioner and his family members in filthy language. Respondent wanted to separate the appellant-petitioner from his family and intended to file criminal cases to fulfill her demands. Appellant-petitioner is suffering with brain tumor and the respondent took undue advantage of the same and stated that she is not interested in joining the appellant-petitioner. Respondent used to stay with her parents and her parents used to encourage her as she is earning huge salary. Respondent lives a lavish life and she is not interested in joining the company of the appellant-petitioner.

4.3. Respondent has filed false case in Crime No.80 of 2013 for the offence under Sections 498-A and 323 of IPC, 3 and 4 of D.P. Act. Appellant-petitioner is forced to resign his job and taking shelter with his parents. Respondent has filed MC.No.39 of 2013 demanding huge amounts towards maintenance. The acts of the respondent are cruel since the day of marriage and she never used to stay and she always used to say that she got married to him by force of her parents. Respondent has left the company of the appellant-petitioner without reasons. Appellant-petitioner has made several calls to the respondent, the mother of the respondent used to pick up the call and state that they will file more cases against him and his family members for their illegal demands. Respondent and her parents have ruined their own life with their own hands and prayed to grant divorce on the ground of cruelty and desertion.

5. Respondent filed her counter admitting the marriage, child born out of lawful wedlock and denied the rest of the allegations. She further contended that she has undergone harassment in the hands of the appellant-petitioner and his family members, thereby she filed criminal case for the offences under Sections 498-A, 323 of IPC and 3 and 4 of Dowry Prohibition Act for dowry harassment. Respondent has no knowledge that the appellant-petitioner is suffering with brain tumor, she came to know about the same when the appellant-petitioner filed counter in MC.No.39 of 2013. One day in the month of March 2009, while she was cleaning the cupboard and dusting the appellant-petitioner's books, she saw his pay slip, to her utter surprise the monthly salary of the appellant petitioner was Rs.19,000/- and odd. Respondent was cheated by the appellant-petitioner and his fami