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2025 DIGILAW 1357 (TS)

XXXXXXXXXXXXXXXX v. XXXXXXXXXXXXXXXX

2025-10-30

K.LAKSHMAN, VAKITI RAMAKRISHNA REDDY

body2025
ORDER : K.LAKSHMAN, J. Even today there is no representation on behalf of the appellant in F.C.A.No.180 of 2014 and respondent in F.C.A.No.10 of 2015 i.e., the husband. 2. We have heard Sri K.Uday Kumar, learned counsel representing Sri S.Surender Reddy, learned counsel for respondent in F.C.A.No.180 of 2014 and appellant in F.C.A.No.10 of 2015 i.e., the wife. 3. The husband filed a petition under Section 13(1)(ia) of the Hindu Marriage Act vide F.C.O.P. No. 40 of 2010 on the file of the learned Judge, Family Court-cum-Additional District and Sessions Judge, Karimnagar, seeking dissolution of marriage on the ground of cruelty contending that his marriage with the wife was performed on 10.05.1999 as per Hindu rites and customs. It was an arranged marriage, and they were blessed with two children, one son and one daughter. At the time of marriage, he was working as an Industrial Promotion Officer. When he was posted at Madhira in the year 2002, the wife, without any reason, used to become furious and attempted to stab herself with a knife, but he prevented her. She again attempted to commit suicide several times and started blackmailing him over petty issues. During her pregnancy, she used to stay with her parents, and when he went there to take care of her welfare, she disliked it. On one occasion, she attempted to commit suicide by consuming mosquito repellent liquid. She was admitted to the hospital and discharged after two days. The said incident occurred in the year 2003. After the birth of their son, he was transferred to Karimnagar and started living with his parents. However, the wife did not join him and demanded that they live separately from his parents. She again attempted to commit suicide by tying a saree to the ceiling fan and trying to hang herself. On one occasion, she requested him not to attend the marriage function of his brother-in-law’s sister. When he attended the marriage, she took their son in her arms and stood in front of the parents’ house. A friend of his, Sri B. Tirupathi, convinced her and sent her back home. Thereafter, he shifted his residence to another house at Ramnagar. The wife gave birth to a daughter but never allowed him to take the children to his parents’ house. She was addicted to television serials and neglected the children. A friend of his, Sri B. Tirupathi, convinced her and sent her back home. Thereafter, he shifted his residence to another house at Ramnagar. The wife gave birth to a daughter but never allowed him to take the children to his parents’ house. She was addicted to television serials and neglected the children. There were also disputes between them on the ground that he failed to bring non-vegetarian food and alcohol for her father. She used to insist that he has to hand over his entire salary to her, and when he refused, she beat and kicked him. She also removed the gas pipeline of the cylinder and tried to kill their daughter. She frequently abused him in filthy language and subjected him to cruelty. On these grounds, he sought dissolution of the marriage. 4. The wife filed a counter in the aforesaid F.C.O.P. denying the allegations made by the husband. According to her, she never subjected the husband to cruelty as alleged. It was the husband who provoked her to commit suicide, and she tolerated all his acts keeping in view the welfare and future of both the children. 5. To prove the said cruelty, the husband examined himself as PW-1, his relative as PW-2, and his friend as PW-3. He filed Ex.P1 – Marriage Photograph, Ex.P2 – FIR in Crime No.72 of 2010 of Women Police Station, Karimnagar, and Ex.P3 – Copy of the Charge Sheet. Opposing the said petition, the wife examined herself as RW-1 and her relative as RW-2. 6. On consideration of the entire evidence, both oral and documentary, the learned Family Court, vide impugned order dated 14.07.2014, granted a decree of divorce and directed the husband to pay an amount of Rs.10,00,000/- towards permanent alimony to the wife on or before 04.10.2014. 7. Feeling aggrieved by the said order, the husband preferred F.C.A. No.180 of 2014. Likewise, challenging the same order, the wife preferred F.C.A. No.10 of 2015. Vide order dated 28.01.2015 in F.C.A. No.10 of 2015, this Court granted interim suspension of the impugned order. 8. As discussed supra, the marriage of the husband with the wife was performed on 10.05.1999. They are blessed with two children — a son aged 22 years and a daughter aged 17 years at present. The husband was working as an Industrial Promotion Officer at the time of marriage. 8. As discussed supra, the marriage of the husband with the wife was performed on 10.05.1999. They are blessed with two children — a son aged 22 years and a daughter aged 17 years at present. The husband was working as an Industrial Promotion Officer at the time of marriage. He filed the aforesaid petition vide F.C.O.P. No.40 of 2010 against the wife seeking dissolution of marriage on the ground of cruelty. Therefore, the burden lies on him to plead and prove the said cruelty. To establish the same, he narrated the above facts, more particularly the attitude of the wife and her repeated attempts to commit suicide. To prove the same, he examined himself as PW-1, his relative as PW-2, and his friend as PW-3. There is also no dispute that the wife lodged a complaint against the husband before the Women Police Station, Karimnagar, which in turn registered a case in Crime No.74 of 2010 for the offence punishable under Section 498-A IPC. Upon completion of investigation, the Investigating Officer laid a charge sheet – Ex.P3 against the husband. However, the said case ended in acquittal. 9. A perusal of the deposition of PWs.1 to 3 would reveal that the wife attempted to commit suicide several times. Even in her counter filed in the aforesaid O.P., the wife alleged that the husband tried to kill her with a knife, but she escaped from that attempt with minor injuries. She further alleged that the husband used to provoke her to commit suicide. In paragraph No.6 of the counter, she stated that during pregnancy, she wanted to consume mosquito repellent liquid. In paragraph No.7 of the counter, she admitted that she consumed mosquito repellent liquid as the husband provoked her to commit suicide. The relatives found fault with the husband and advised him not to subject her to any sort of harassment. 10. In paragraph No.14 of the counter, she further contended that her husband, on several occasions, tried to provoke her to commit suicide. She tolerated all these acts of the husband as they have children. She continued to live with him in the hope that he might change at any time. On several occasions, he beat her and insulted her before others. She joined the husband again as he had promised before the Court to look after her and the children with love and affection. She continued to live with him in the hope that he might change at any time. On several occasions, he beat her and insulted her before others. She joined the husband again as he had promised before the Court to look after her and the children with love and affection. However, there was no change in his attitude. He provoked her to commit suicide by scolding her in filthy language. Due to the said conduct, she attempted to kill herself by consuming acid that was kept for cleaning the bathrooms. She continued to live with the husband for the welfare of the children and is still willing to join him if he changes his attitude and behaviour and promises to look after her and the children with love and affection. 11. It is also relevant to note that the wife, along with her two children, filed an application under Section 125 of the Cr.P.C. vide F.C.M.C. No.9 of 2012, seeking maintenance against the husband. Vide order dated 14.07.2014, the learned Family Court awarded an amount of Rs.4,000/- per month to the wife and Rs.2,000/- per month each to the children towards maintenance. 12. Learned counsel for the wife on instructions would submit that husband did not challenge the said order and it attained finality. 13. During cross-examination, RW-1 - wife admitted that she attempted to commit suicide when the husband took away her children from her. Thus, there is no dispute with regard to the fact that the wife attempted to commit suicide several times, as stated by her in her counter and also as admitted by her during cross-examination. The said fact was also deposed by PWs.1 to 3. 14. It is also not in dispute that the wife filed the aforesaid application under Section 125 of the Cr.P.C. seeking maintenance, and the same was ordered. She also lodged a complaint against the husband for the offence under Section 498-A of the I.P.C., which ended in acquittal. During cross-examination, she also admitted that she had attempted to commit suicide several times and that her husband had saved her from those attempts. She further admitted that she attempted to commit suicide because of the attitude of her husband. 15. During cross-examination, she also admitted that she had attempted to commit suicide several times and that her husband had saved her from those attempts. She further admitted that she attempted to commit suicide because of the attitude of her husband. 15. On consideration of the said evidence, both oral and documentary, and also taking into account the fact that they were blessed with two children, aged about 11 years and 6 years at the relevant time, the learned Family Court allowed F.C.O.P. No.40 of 2010 filed by the husband and dissolved the marriage, directing him to pay an amount of Rs.10,00,000/- towards permanent alimony to the wife on or before 04.10.2014. 16. As discussed supra, the husband filed F.C.O.P. No.40 of 2010 in the year 2010. The wife filed an application under Section 125 of the Cr.P.C. vide F.C.M.C. No.9 of 2012 in the year 2012. Thus, there has been a strained relationship between the husband and wife since 2010. However, their children are now aged about 22 and 17 years respectively. It is not in dispute that the children are residing with the wife. It is also not in dispute that the husband did not file any application seeking custody of the children or for visitation rights. The said fact was also admitted by him during cross-examination. Children were brought up by wife. Thus, on consideration of the said aspects, the learned Family Court granted a decree of divorce and awarded an amount of Rs.10,00,000/- to the wife towards permanent alimony. Challenging the said order, she preferred F.C.A. No.10 of 2015. 17. Despite granting ample opportunity, there is no representation on behalf of the husband. 18. In the light of the aforesaid discussion, we are of the considered view that the learned Family Court was right in granting a decree of divorce. It is not in dispute that the husband was working as an Industrial Promotion Officer at the time of marriage. Their marriage was performed on 10.05.1999. He was aged about 40 years as on the date of filing of F.C.O.P. No.40 of 2010, and he is 55 years old now. Admittedly, the children are residing with the wife and she alone has brought them up. They are aged about 22 and 17 years respectively at present. The wife has to perform the marriage of their daughter. He was aged about 40 years as on the date of filing of F.C.O.P. No.40 of 2010, and he is 55 years old now. Admittedly, the children are residing with the wife and she alone has brought them up. They are aged about 22 and 17 years respectively at present. The wife has to perform the marriage of their daughter. Therefore, we are inclined to enhance the permanent alimony from Rs.10,00,000/- to Rs.20,00,000/-. The husband is directed to pay the said amount within three months from the date of receipt of a copy of this order, either in installments or in one lump sum. 19. With the aforesaid directions, both the Family Court Appeals are disposed of. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed.