The judgment establishes that mere trivial incidents, health issues, and filing of complaints in response to ill-treatment do not constitute cruelty under Section 13(1)(ia) of the Hindu Marriage Act. The burden is on the petitioner to prove specific instances of cruelty, and the appellate court can interfere if the trial court's findings are perverse.

JUDGMENT

(Per Hon’ble Justice B.R.MADHUSUDHAN RAO)

1. This Memorandum of Family Court Appeal is filed under Section 19 of the Family Courts Act assailing the order passed by the learned Judge, Family Court at L.B.Nagar, Ranga Reddy District in F.C.O.P.No.1656 of 2016, dated 02.11.2018.

2. Appellant is the respondent and the respondent is the petitioner in F.C.O.P.No.1656 of 2016.

3. For the sake of convenience, the parties will be hereinafter referred to as the appellant - wife and respondent - husband.

4. Respondent - husband has filed O.P. under Section 13(i)(ia) of the Hindu Marriage Act seeking dissolution of his marriage on the ground of cruelty.

5.1. It is stated in the O.P. that the marriage of the respondent - husband with the appellant - wife is solemnized on 12.06.2015 at SK Gardens Mansoorabad road near Kamineni Hospital, LB Nagar, Rangareddy District, which is an arranged marriage as per Hindu rites and customs and there was no exchange of dowry from either side. After the marriage, appellant - wife joined the respondent - husband in the matrimonial home and they lived happily for two months. During first night nuptial ceremony itself, appellant - wife expressed her unwillingness for conjugal life because of her health condition as she is suffering from MRI cervical spins - low back pain and other diseases. Appellant - wife, her parents and the mediator by name Sundaram did not disclose the health condition to the respondent – husband or his parents before marriage and they cheated him and performed the marriage. Appellant - wife did not cooperate for sexual intercourse due to which disputes arose between the couple. Respondent - husband came to know that before the marriage appellant - wife was taking regular treatment in Kamineni hospital for low back pain and she is not fit for conjugal life. Respondent - husband has took the appellant - wife to skin specialist for treatment but the disease was not cured and she never took medicines in time. As soon as she returns from the office, she used to sleep in the bedroom without attending the household work.

5.2. Appellant - wife was also suffering from hair fall problem and blackening of her skin. She never stayed with the respondent – husband, always used to leave his company and reside with her parents without informing him, respondent - husband used to bring back the appellant - wife to the matrimonial home. Appellant - wife used to go to her parents house directly from the office, she never entered into the kitchen and she do not know cooking, as such, his aged mother used to prepare food for them and the appellant - wife was not helping her mother-in-law. Appellant - wife used to behave adamantly, used to quarrel with the respondent - husband and his mother without any reasons on petty issues and abuse them in filthy language. Respondent - husband has informed the same to the parents of the appellant - wife but there is no response from them.

5.3. On 01.07.2016, respondent - husband has took the appellant - wife to Gandhi hospital for health checkup as her condition was bad. Doctors at Gandhi hospital advised several tests and also CT/MRI scan. On that day appellant - wife quarreled with the respondent – husband and his parents, threatened them that she will implicate all the family members in the criminal case, left to her parents house without informing the respondent - husband and did not come back to join his society. Respondent - husband tried to cohabit with the appellant - wife but sh