Telangana High Court
Tella Suchithra vs Tella Kiron on 7 June, 2024
Author: K. Lakshman
Bench: K. Lakshman
`
HON'BLE SRI JUSTICE K. LAKSHMAN
AND
HON'BLE SMT. JUSTICE K. SUJANA
F.C.A.NOs.110 OF 2011, 43 AND 287 OF 2013
COMMON JUDGMENT:
(Per Hon'ble Sri Justice K. Lakshman) Lis involved in these appeals and the parties are one and the same. Therefore, these appeals were heard together and decided by way of this common Judgment.
2. Heard Sri Praveen, learned counsel representing Sri M.R.S.Srinivas, learned counsel for the appellant-wife in F.C.A.Nos.110 of 2011 and 43 of 2013 and respondent-wife in F.C.A.No.287 of 2013 and Sri Y.V. Kishore, learned counsel for the respondent in F.C.A.Nos.110 of 2011 and 43 of 2013 and appellant in F.C.A.No.287 of 2013.
(for sake of convenience, the parties herein are referred as wife and husband)
3. Husband had filed a petition under Section 13 (1)(ia)(ib) and 12(1)(a) of the Hindu Marriage Act vide O.P.No.382 of 2009 seeking dissolution of marriage on the grounds of cruelty and desertion or alternatively to declare the marriage dated 25.02.2004 as null and void. Wife had filed a petition under Section 9 of the Hindu 2 Marriage Act vide O.P.No.83 of 2009 against husband seeking restitution of conjugal rights. Likewise, wife had filed another application under Section 18 of the Hindu Adoption and Maintenance Act vide O.P.No.461 of 2010 against the husband seeking an amount of Rs.9,00,000/- towards past maintenance and Rs.25,000/- per month towards future maintenance.
4. Vide common order dated 31.01.2011, learned Judge, Family Court, Secunderabad dismissed the O.P.No.83 of 2009 filed by wife seeking restitution of conjugal rights and allowed O.P.No.382 of 2009 filed by husband seeking dissolution of marriage. Vide order dated 15.03.2012, learned Family Court allowed O.P.No.461 of 2010 filed by wife seeking maintenance awarding an amount of Rs.3,00,000/- to the wife towards past maintenance and an amount of Rs.10,000/- per month to her towards monthly maintenance.
5. Feeling aggrieved by the said common order dated 31.01.2011 in O.P.No.382 of 2009 and O.P.No.83 of 2009, wife preferred two (02) appeals i.e., F.C.A.Nos.110 of 2011 and 43 of 2013. Feeling aggrieved by the order dated 15.03.2012 in O.P.No.461 of 2010, husband filed F.C.A.No.287 of 2013. Vide order dated 18.05.2011, this Court granted interim suspension of common order dated 31.01.2011 in O.P.No.382 of 2009. Likewise, vide order dated 3 11.11.2013, this Court granted interim suspension of order dated 15.03.2012 in O.P.No.461 of 2010 on the condition of husband depositing an amount of Rs.1,00,000/- towards arrears of maintenance within a period of four (04) weeks and to deposit an amount of Rs.5,000/- per month on or before 10th of every month commencing from December, 2013. As and when such amounts are deposited, it shall be open to the wife to withdraw the same without furnishing any security. In default of deposit of the same, the stay shall stand vacated.
6. Vide order dated 18.02.2015, this Court recorded the submissions made by learned counsel for the wife that husband had already deposited the said amount of Rs.1,00,000/- and has been paying the said amount of Rs.5,000/- per month towards maintenance.
7. Husband contended that his marriage with the wife was performed on 25.02.2004 at Quthbullapur, Hyderabad as per Hindu rites and customs. It is an arranged marriage. After the marriage, nuptial arrangement was made at the house of husband on 05.03.2004 for consummation of the marriage. Wife avoided for consummation of marriage stating that she was nervous. After six (06) weeks, they went to honeymoon to North India. Even, during the said period, wife continued to avoid for consummation of the marriage. Husband's 4 mother discussed the matter with the wife's mother in the second week of August, 2004. At the end of seven months of living together with the husband, in the last week of September, 2004, the husband's family confronted the wife and sought proper explanation for non- consummation of marriage. The wife reacted with a rude behavior and completely refused for consummation of marriage and warned the husband. Even thereafter, the husband sternly insisted the wife to participate in normal sexual intercourse and fixed the date for consummation of the marriage. The wife strongly objected and rudely pushed the husband away. This behavior of the wife caused mental agony to the husband. He requested the wife to consult a family doctor but the wife avoided for such consultation. Even after, living together for 16 months, the wife refused for normal intercourse for consummation of the marriage and she left the house on 22.06.2005.
8. It is further contended by the husband that at the time of marriage, the husband and his elders strongly believed on 'horoscope matching', the parents of the wife furnished wrong date of birth as 13.07.1974, but her actual date of birth is 05.04.1972 as per the school record. Within few days of the marriage, she made a proposal to mortgage the house of the husband's father to facilitate investment into real estate property of wife's brother's friend at Medchal. His 5 both sisters were married and he is the only son to his parents. Even during honeymoon, the wife used to influence the husband for making separate residential property by mortgaging his father's property. Wife frequently made negative comments about his low income by comparing the husband with her brothers and harassed him for money and she completely neglected the relationship with the husband and his parents.
9. Husband's mother visited USA on 17.11.2004 and thereafter his father left to USA on 20.06.2005. Both of them returned to Hyderabad on 30.09.2005. During the absence of his mother, wife's attitude turned indifferent towards the husband's father. She had a habit of frequently visiting her parents house without permission and intimation on the pretext of job search and interviews. On 22.06.2005, she made an argument with the husband, expressed her desire to leave the house and informed the same to her mother and she left the house along with her second brother Mahesh Kumar and she willingly abandoned the marital home by leaving the husband to suffer alone. She also pursued the job at Reliance Infocomm, Hyderabad since January 2005. She did not bother about the husband staying alone in the house as the wife being uncomfortable with his parents and he has taken a rented house near Hyderabad Public School to 6 enable her to stay comfortably to lead a better marital life to show that she could built intimacy with her husband. Even then, she has denied the conjugal life. In December, 2005 also, wife did not cooperate with the husband in leading conjugal life. Therefore, he left to Jamaica on 26.02.2006 and stayed there until 24.05.2009. Then, he left to USA on 24.05.2009 and stayed there till 23.08.2009.
10. On 26.10.2008, wife accompanied with 30 people and entered into husband's parents house, abused them, created much disturbance to his parents and forced them to approach Chilkalguda Police Station. In November, 2008, the wife and her family members made a false and defamatory allegations against the husband in Jamaica, which compelled the husband to forego the job and to take shelter at his sister's place at U.S.A. During the year 2008, with the intervention of elders, Panchayat was held at A.P.Mudraj Mahasabha, which also resulted in vain. She has also lodged a complaint with Women Police Protection Cell, Begumpet on 19.06.2009. Therefore, he was compelled to come back to India foregoing his employment and he became unemployee. Wife left the company of the husband in the midnight on 20.06.2005. She used to pick up quarrel with the husband on petty issues. She made an attempt through one of their family friends Mr. Vijay Narayan to drop her at her in-laws place, the 7 mother of the husband shut the door and not allowed the wife to enter the house in the absence of her husband. After couple of days, her parents made another attempt to drop her at matrimonial house. But, they were not successful. She also sent couple of goondas to the residence of husband.
11. Her brother addressed a letter to High Commission at Jamaica. Thereafter, the husband shifted to U.S.A. Negotiations were held before her mother, well wishers, her brother uncle Mr. Sainatha Rao and Srinivas Rao and her father's co-brothers Sagar and Ravi Kumar and the same were unsuccessful. As discussed supra, according to husband, wife subjected him to cruelty and deserted him. She has also misrepresented with regard to her Date of Birth by furnishing Date of Birth as 13.07.1974 instead of 05.04.1972.
12. Wife filed counter denying the said allegations. According to her, she never harassed the husband as alleged by him and never misrepresented by furnishing false information.
13. To prove the said grounds of cruelty and desertion, husband had examined himself as PW.1 and filed Ex.A1-Wedding Card, Ex.A2-Wedding Photo and Ex.A3-Wife's profile. To disprove the same, she has examined herself as RW.1 and she filed Ex.B1-letter 8 from community elders dated 25.10.2008 and Exs.B2 to B36-e-mails exchanged between the parties.
14. On consideration of the entire evidence, vide common order dated 31.01.2011, learned Family Court dismissed the O.P filed by wife seeking restitution of conjugal rights and allowed the O.P filed by husband seeking dissolution of marriage.
15. There is no dispute with regard to solemnization of marriage of the parties herein on 25.02.2004. It is the specific contention of the husband that wife did not cooperate with him in consummation of the marriage. She has not explained the reasons for the same. She has complained nervous. Therefore, he has taken her to Honeymoon to North India. Even, during honeymoon, she did not cooperate for consummation of marriage. He tried his level best to lead conjugal life with his wife. But, there was no use. Matter was taken to their parents. Even, with the intervention of the elders also, there is no change in the attitude of the wife. She strongly objected for participating in sexual intercourse. Thus, according to husband, even after living together for 16 months, wife refused to participate in the normal sexual intercourse for consummation of the marriage. She left the house of the husband on 22.06.2005. She has also furnished wrong Date of Birth as 13.07.1974 instead of 05.04.1972. He has left 9 for U.S.A. During cross-examination, nothing was elicited from him. During her cross-examination, she has admitted that in Ex.B1, there is specific mention that despite intervention of caste-elders and well wishers, they were not in a position to resolve the issue. They were unable to come to a conclusion with regard to the actual issue between the husband and the wife. They did not disclose the actual facts. Therefore, under the said circumstances, they were not in a position to resolve the disputes between husband and the wife.
16. In Exs.B2 to B36-e-mails exchanged between the parties also, there is exchange of their views. She has also made certain allegations against the husband. Though, he was highly educated, he did not get proper job. He was doing business in Herbal products. They had three or four own houses, where they are getting huge rents. They never allowed her to know what is happening in the house. She was not aware why husband left country without her knowledge and she tried to contact him, but there is no response.
17. The said facts would reveal that there are serious disputes between appellant and respondent. The marriage was not consummated. They were staying separately from 22.06.2005. According to husband, wife left his company without intimating on 22.06.2005. But, according to the wife, she was necked out by the 10 husband and his parents from the said house. But, ultimately they are staying separately from 22.06.2005.
18. As discussed supra, panchayats were held before the caste-elders. They tried to resolve the issues. Both the wife and husband did not disclose the actual facts to the said caste-elders. Therefore, there were not in a position to resolve the issues. The said fact was also mentioned in Ex.B1.
19. During the course of hearing, both learned counsel for the husband and the wife, on instructions submitted that there is no possibility of reunion of the parties.
20. Vide order dated 15.03.2012 in O.P.No.461 of 2010, learned Family Court awarded an amount of Rs.3,00,000/- to the wife towards past maintenance and Rs.10,000/- per month towards maintenance. This Court granted stay on condition of husband depositing Rs.1,00,000/- towards arrears of maintenance and Rs.5,000/- per month towards maintenance to the wife. Husband had already complied with the said order.
21. In the light of the same, this Court directed learned counsel for the wife, to get instructions from the wife with regard to permanent alimony. He has filed a memo on 24.11.2023 vide USR.No.116886 claiming an amount of Rs.30,00,000/- towards 11 permanent alimony. According to her, husband is the only son to his parents and they are getting Rs.3,00,000/- per month towards rents. He is staying in U.S.A and he is getting some salary.
22. As discussed supra, though wife and husband made serious allegations against each other, they have not examined any other witness including mediators or persons mentioned in the evidence, Mr. Vijay Narayan, wife's brother, maternal uncle's of husband etc. Even, wife did not examine her father. In her evidence in O.P.No.461 of 2010, she admitted that she previously worked for some time. During cross-examination, husband-RW.1 admitted that he was getting an amount of Rs.10,000/- to Rs.15,000/- per month and he is doing business and he is a mechanical engineer, he worked in Jamaica on a salary of Rs.6,000/- per month. Later, at U.S.A, he used to get 2500 dollars and he resigned his job, he is a distributor of Herbal Products. During cross-examination, wife admitted that she previously worked in Dhanush Company as Team Leader and prior to the marriage, she has undergone training at Begumpet.
23. On consideration of the said aspects only, learned Family Court vide common order dated 31.01.2011 granted decree of divorce dissolving the marriage of parties dated 25.02.2004 and dismissed the O.P filed by wife seeking restitution of conjugal rights. It is a 12 reasoned order and well-founded. Wife herein failed to make out any case to interfere with the said common order.
24. It is also relevant to note that vide order dated 15.03.2012 in O.P.No.461 of 2010, learned Family Court awarded an amount of Rs3,00,000/- to the wife towards past maintenance and directed the husband to pay an amount of Rs.10,000/- per month towards maintenance. This Court granted stay on condition of husband depositing Rs.1,00,000/- towards arrears of maintenance and Rs.5,000/- per month towards maintenance to the wife. Husband had already paid an amount of Rs.1,00,000/- and has been paying Rs.5,000/- per month towards maintenance. In the light of the same, husband is directed to pay an amount of Rs.5,00,000/- towards permanent alimony to the wife within a period of two (02) months from the date of receipt of copy of this order. Failing which, liberty is granted to wife to take steps against the husband in accordance with law.
25. In the result:-
(i) F.C.A.No.43 of 2013 is dismissed.
(ii) F.C.A.Nos.110 of 2011 and 287 of 2013 are
disposed of, confirming the order dated 31.01.2011 in O.P.No.382 of 2009 granting decree of divorce dissolving the marriage of the 13 appellant with the respondent dated 25.02.2004 on the condition of husband paying an amount of Rs.5,00,000/- to the wife towards permanent alimony within two (02) months from the date of receipt of copy of this order, failing which liberty is granted to wife to take steps in accordance with law. There shall be no order as to costs.
As a sequel, the miscellaneous petitions, if any, pending shall stand closed.
_________________ K. LAKSHMAN, J _______________ K. SUJANA, J 07.06.2024 Ssy