The burden of proof rests on the party seeking dissolution of marriage on grounds of cruelty to establish the same through cogent, pleaded evidence; mere initiation of criminal or civil proceedings is not by itself sufficient to constitute legal cruelty under the Hindu Marriage Act.

This Court made the following:

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

Heard Mr. G. Vasantha Rayudu, learned counsel for the appellant - husband and Mr. Venkatesh Deshpande, learned counsel for the respondent - wife.

2. Feeling aggrieved and dissatisfied with the order dated 24.03.2017 in O.P. No.1311 of 2012 passed by learned Family Court, Hyderabad, the appellant - husband preferred the present appeal.

3. The appellant herein is the husband and the respondent herein is the wife. Their marriage was performed on 22.11.2007 as per Hindu rites and customs. It is an arranged marriage. The said marriage was consummated. They were blessed with a male child on 24.03.2009 out of their wedlock.

4. The appellant - husband has filed the aforesaid O.P. No.1311 of 2012 under Section - 13 (1) (ia) of the Hindu Marriage Act, 1955, against the respondent - wife, seeking dissolution of marriage on the ground of cruelty contending as follows:

i) Within a few days after the family put up at Hyderabad, the appellant noticed that the respondent never respected him and his family members and did not pay heed to their words. The respondent used to insult the appellant in the presence of friends and relatives even on petty things. Within a few days, the appellant noticed that the respondent is an adamant lady. After five (05) months of the marriage, the mother of the respondent visited Hyderabad and stayed with them for a period of six (06) months. The sister of the respondent stayed for four (04) months. Thereafter, at the instance of her mother, the behavior and attitude of the respondent worsened. She used to involve in the personal matters of the appellant’s family and always stated that she would never allow the parents of the appellant to the matrimonial house during her life time.

ii) The respondent became pregnant and the appellant and his parents intended to perform Srimantham function in his house at Kasibugga, Srikakulam District as per their custom. The respondent bluntly refused the proposal and on 27.02.2009, she left the matrimonial house at Hyderabad along with her mother and brother, Mr. S. Kamalakar without informing him and without his knowledge. She has taken away 20 tolas of gold; Rs.20,000/- cash; Rs.40,000/- of NSC Bonds, LIC Bonds and Fixed Deposit Receipts of Rs.2.00 lakhs.

iii) The respondent gave birth to a male child on 24.03.2009 at Bhubaneswar. In fact, she informed the appellant through telephone that she gave birth to a female child. He informed all his colleagues in the office, kith and kin that he was blessed with a daughter and arranged a treat in that regard.

iv) He went to visit the respondent’s house at Bhubaneswar on 27.03.2009 to see the respondent and his baby. He came to know about the respondent giving birth to a male child. On enquiry, she told him that she informed him that she was blessed with female child only in a lighter way. In spite of insult caused by the respondent, on 19.04.2009, the appellant, his parents and some relatives have visited the respondent house at Bhubaneswar, with an intention to see the respondent and for naming ceremony i.e., Barasala. The respondent did not care for them. She requested the appellant and his parents to leave the house.

v) On 10.10.2009, the appellant and his parents along with paternal uncle, Mr. R. Bheemaraju, visited the respondent’s house at Bhubaneswar, with an intention to see and invite the respondent to the appellant’s parent house. Immediately, the respondent, her mother and brother again insulted them and abused them in filthy lan