P Bharathi, Hyd vs P.Venkata Ramana Reddy , Venkata Reddy, … on 5 May, 2026

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    Telangana High Court

    P Bharathi, Hyd vs P.Venkata Ramana Reddy , Venkata Reddy, … on 5 May, 2026

    Author: K. Lakshman

    Bench: K. Lakshman

               HON'BLE SRI JUSTICE K. LAKSHMAN
                                   AND
           HON'BLE JUSTICE B.R. MADHUSUDHAN RAO
    
          FAMILY COURT APPEAL Nos.59 AND 61 OF 2016
    
                             Date: 05-05-2026
    Between in FCA No.59 of 2016
    xxxxx                                                 ... Appellant
                                    Vs.
    xxxxx                                                ... Respondent
    
    
          This Court delivered the following:
    
    COMMON JUDGMENT:

    (Per Hon’ble Sri Justice K. Lakshman)

    Heard Sri Venkat Reddy Kodumury, learned counsel for the

    SPONSORED

    appellant – wife and Sri Vedula Srinivas, learned Senior Counsel

    representing Sri K. Pradeep Reddy, learned counsel for the

    respondent-husband.

    2. F.C.A. No.59 of 2016 is filed by the wife aggrieved by the

    order dated 11.01.2016 in O.P.No. 71 of 2014 passed by learned XV

    Additional Sessions Judge, Ranga Reddy District at L.B. Nagar, while

    F.C.A. No.61 of 2016 is filed by her challenging the order dated

    11.01.2016 in O.P. No.1393 of 2014 passed by the very same Court.
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    3. The appellant – wife filed the aforesaid O.P.No.71 of 2014

    against the respondent – husband under Section – 9 of the Hindu

    Marriage Act, 1955, for restitution of conjugal rights, directing the

    husband to permit her to join his company. Whereas, respondent –

    husband herein filed the aforesaid O.P.No.1393 of 2014 under Section

    – 13 (1) (ia) and (ib) of the Hindu Marriage Act, 1955 (for short, ‘the

    Act, 1955’) seeking dissolution of his marriage with the appellant –

    wife on the grounds of cruelty and desertion. He also filed another

    O.P. No.1393 of 2014 under Sections – 7 to 10 and 25 of the

    Guardians and Wards Act, 1890, to appoint him as natural guardian of

    minor ward, Trisha Reddy.

    4. For the sake of convenience, the parties are hereinafter

    referred to as ‘wife’ and ‘husband’.

    5. The husband filed the aforesaid O.P. No.1393 of 2024

    against the wife seeking dissolution of marriage on the grounds of

    cruelty and desertion contending that:

    i. The marriage of the parties was performed on 03.07.1999 at

    Kadapa District as per Hindu rites and customs.

    ii. It is an arranged marriage.

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    iii. In the year 1998, the husband completed his M.S. in Computer

    Science at Loyola University, Chicago, USA.

    iv. Both the parties went to Chicago in July 1999 and the husband

    joined in Diamond Management Software Company as

    Database Administrator.

    v. Both of them lead a happy marital life for about two years.

    vi. Subsequently, in the year 2000, the wife was diagnosed with

    breast cancer, and the husband arranged for her surgery and

    took considerable care of her health.

    vii. She gave birth to a female child in 09.011.2003 in Chicago,

    USA.

    viii. She neglected day to day duties and she began ignoring the

    husband.

    ix. When mother of the husband came to USA in October, 2003,

    wife ill-treated his mother by using provocative and abusive

    words against him and his mother.

    x. The wife abused her husband by calling a stout personality.

    xi. The husband bought a house at Chicago and spent a lot of

    money and provided all facilities in the said house according to
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    the wish of his wife, still she compares him with other people

    who are richer and humiliate him.

    xii. The wife used to quarrel with him and threatened to call to the

    local police.

    xiii. The husband was deprived of his basic necessities in his life on

    account of the peculiar behavior of the respondent.

    xiv. The wife used to create scene for trivial incidents and

    humiliated her husband in the presence of relatives and friends.

    xv. The wife neglected her husband by not attending to household

    duties, including cooking, and to have insulted and abused him,

    as well as indulged in disruptive conduct such as breaking her

    bangles, striking her head against the wall, throwing articles

    around, and creating scenes, thereby making the respondent’s

    life miserable.

    xvi. Sister of the wife by name Madhavi is also staying in USA. She

    always interferes in his family affairs.

    xvii. The wife neglected her daughter and did not give motherly

    affection to her at any point of time.

    xviii. In August 2009, the husband came to India and went to

    Proddatur to see the child and the husband, but he was
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    restrained by his wife and her parents to enter into their house

    and abused him in a filthy language.

    xix. Subsequently a panchayat was held in MLA Quarters at

    Hyderabad, belongs to Sri Palle Raghunatha Reddy, MLA,

    where the elders and other people advised her to change her

    attitude and lead happy matrimonial life.

    xx. Both the parties went to USA along with their child in the last

    week of August, 2009. Even then, the wife did not change her

    attitude and continued the same temperament and humiliated

    and harassed the husband.

    xxi. He recorded some of the abusive and provocative words of the

    appellant through his phone.

    xxii. In 2009, the husband lost his job, he went to Africa in January

    2011 with permission of his wife and he returned after two

    months. During the said period, the wife did not attend his calls

    nor allowed the child to talk to him

    xxiii. He joined his daughter in Oakridge International School,

    Hyderabad.

    xxiv. He comes from a reputed family and keeping their status in the

    society, he and his parents tolerated the behavior of the wife.
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    xxv. He suffered mental and physical cruelty due to the peculiar

    attitude of the wife.

    xxvi. Without informing the husband and his parents, the wife left the

    matrimonial home and went to Proddatur in the last week of

    June, 2011.

    xxvii. The wife filed a false and frivolous complaint for the offence

    under Section 498A of IPC against the husband and his family

    members.

    xxviii. A panchayat was held on the following day, wherein the wife

    demanded substantial amount towards permanent alimony, and

    as the husband was in police custody, he agreed to pay

    Rs.1,33,00,000/- to the wife.

    xxix. Thereafter, the matter was referred to Lok Adalat, where the

    husband and his family members were acquitted, and both

    parties agreed to file a petition for divorce by mutual consent,

    which was registered as O.P.No. 135 of 2011.

    xxx. The wife initially expressed her unwillingness to proceed with

    divorce, leading to adjournments; however, during conciliation

    held on 03.09.2012, she agreed for mutual divorce and the

    terms were reduced into writing. The husband paid
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    Rs.19,00,000/- in terms of the compromise and was ready to

    pay the balance amount in installments.

    xxxi. The wife did not adhere to the terms of compromise and did not

    cooperate for mutual divorce, resulting in dismissal of O.P.No.

    135 of 2011 on 23.11.2013.

    xxxii. The marriage between the parties has irretrievably broken down

    on account of the bitterness between them.

    With the aforesaid contentions, the husband sought to grant decree of

    divorce by dissolving his marriage with wife.

    6. The wife filed a petition vide O.P. No.71 of 2014 under

    Section – 9 of the Act, 1955 seeking restitution of conjugal rights

    against husband and filed counter in O.P. No.1393 of 2014 contending

    as follows:

    i. At the time of marriage, the parents of the wife gave

    Rs.5,00,000/- as dowry, 100 tolas of gold and after two days of

    marriage, the parents of the husband demanded additional

    dowry of Rs.5,00,000/-.

    ii. While residing with the husband in USA, the wife was abused,

    insulted, and physically assaulted, including being beaten with
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    household objects including kitchen utensils, sticks, T.V.

    remote and kitchen folks and subjected to degrading treatment.

    iii. When the wife informed about the harassment to her younger

    father-in-law i.e. Sri Palle Raghunatha Reddy, she was advised

    not to reveal to anybody as the prestige of the family is

    involved.

    iv. The husband forced her to undergo abortion when she was

    pregnant with a female child in the year 2003, and beat her

    number of times.

    v. In the year 2006, when the wife conceived for the second time,

    on 30.10.2006, the husband allegedly caught hold of her hair

    and dragged her from upstairs to downstairs, causing bleeding

    injuries, for which she was taken to Edward Hospital where she

    received treatment and stitches.

    vi. At the instance of the husband’s parents, the second pregnancy

    got aborted.

    vii. On 18.03.2007, the husband beat the wife with his hand and she

    got injured her left eye and she was taken to emergency hospital

    and treated.

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    viii. The husband used to watch blue films at home, consume

    Viagra, and express a desire to engage in sexual relations with

    other women.

    ix. The husband purchased a gun, obtained a license for the same,

    and threatened to kill her if she disclosed the harassment to

    elders.

    x. While returning to India, the husband proceeded to Bengaluru

    along with the child, leaving the wife behind at Delhi.

    xi. Thereafter, the wife’s brothers took her to Anantapur, where the

    parents of the husband refused her entry into the house and

    necked her out.

    xii. The husband and his parents attempted to kill the wife, and she

    was rescued by a maid servant and one Vijaya, following which

    a panchayat was convened at the instance of her family and

    elders, during which a demand of Rs.5,00,000/- was made.

    xiii. On 03.09.2011, the husband attempted to kill the wife by

    strangulation and forcibly obtained her signatures on typed and

    blank papers, and she was rescued by her brothers.

    xiv. Subsequently, a complaint was lodged at Proddatur III-Town

    Police Station against the husband, his parents, and his sister for
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    harassment, which was registered as a crime under Section

    498A IPC and Sections 3 and 4 of the Dowry Prohibition Act,

    1961.

    xv. At the intervention of elders, the dispute was amicably settled

    and referred to the Lok Adalat, where it was registered as Case

    No.326 of 2011 in P.L.C. No.29 of 2011. An award dated

    15.10.2011 was passed, wherein it was agreed that the husband

    would pay a sum of Rs.1,33,00,000/- to the wife. On receipt of

    the said amount, the wife would relinquish her rights in all

    movable and immovable properties of her husband. The

    custody of the minor child would remain with the husband, with

    visitation rights to the wife upon informing the family elders.

    The wife would not initiate any further proceedings in India or

    USA and would withdraw the pending criminal cases against

    the husband and his family. The husband would discharge all

    loans standing in the wife’s name, and both parties would file a

    petition for divorce by mutual consent before the Family Court

    at Anantapur.

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    xvi. But, as the husband did not comply with the said award and is

    not permitting to see her daughter, and thereby she suffered

    mentally.

    xvii. Despite severe harassment caused by the husband and his

    family, she is ready to lead a happy married life with him.

    With the aforesaid contentions, the wife sought to grant decree in her

    favour by permitting her to discharge her conjugal obligations as wife

    and dismiss O.P. filed by the husband seeking divorce.

    7. In both the petitions, both the parties have filed counters

    with the aforesaid contentions, denying the allegations made against

    each other.

    8. As stated above, the husband also filed O.P. No. 155 of 2014

    seeking custody of the child, and in the said proceedings, the wife

    filed a counter-claim seeking custody. Learned Family Court allowed

    the petition filed by the husband and granted custody of the child to

    him.

    9. The learned Family Court consolidated all the three petitions

    and recorded common evidence in O.P.No.1393 of 2014 as joint trial.
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    10. In O.P. No.1393 of 2014, to prove the said cruelty and

    desertion, the husband examined himself as P.W.1 and marked

    Exs.P.1 to A.29.

    11. To disprove the same, the wife examined herself as R.W.1

    and her father as R.W.2 and marked Ex.R1 to R17. Ex.X1 to X5 has

    also been marked.

    12. On consideration of the evidence, both oral and

    documentary, the learned Family Court dismissed O.P. No.71 of 2014

    filed by the wife seeking restitution of conjugal rights, and allowed the

    petitions filed by the husband, namely O.P. No.155 of 2014 seeking

    custody of the child and O.P. No.1393 of 2014 seeking dissolution of

    marriage on the grounds of cruelty and desertion.

    13. Assailing the aforesaid orders in O.P. No.71 of 2014 and

    O.P. No.1393 of 2014, the wife preferred the present appeals as stated

    above.

    14. It is apt to note that F.C.A No. 58 of 2016 was preferred by

    the wife challenging the order in O.P. No.155 of 2014, granting

    custody of the child to the husband. In fact, the wife filed counter

    claim in the said O.P. No.155 of 2014 for custody of minor child and
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    the same was dismissed. Therefore, challenging the dismissal of the

    said counter claim, the wife also filed F.C.A No. 57 of 2016. Both the

    appeals i.e., F.C.A Nos. 57 and 58 of 2016 were withdrawn by the

    wife since she filed an application for child custody and also an

    application for divorce in USA. Accordingly, vide order dated

    09.10.2017, both the appeals were dismissed as withdrawn.

    15. We have heard learned counsel for the husband and the

    wife extensively. Perused the record.

    16. It is not in dispute that the parties herein are legally wedded

    couple and they are blessed with a female child. They are making

    allegations against each other. The husband alleges that his wife

    subjected him to cruelty and deserted him. She alleges that he

    harassed her and he never treated her with care, love and affection.

    17. The aforesaid stated facts would reveal that the marriage of

    the parties was performed on 03.07.1999. It is an arranged marriage.

    They were blessed with a female child on 09.11.2003, namely, Trisha

    Reddy.

    18. There is also no dispute that the wife has lodged a

    complaint at Proddatur Police Station for the offences under Section
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    498A of IPC and Sections – 3 and 4 of the Dowry Prohibition Act,

    1961. III-Town Police Station, Proddatur registered the said

    complaint as case in Crime No.141 of 2011 for the offence under

    Section 498A of IPC against the husband and his family members.

    19. It is evident from the record that pursuant to the complaint

    lodged by the wife in Crime No.141 of 2011 of III Town Police

    Station, Proddatur, the parties were referred to the Lok Adalat,

    wherein a settlement was arrived at and an award dated 15.10.2011 in

    P.L.C. No.29 of 2011 (L.A.C. No.326 of 2011) was passed. As per

    the terms of the said award, the husband agreed to pay a sum of

    Rs.1,33,00,000/- towards permanent alimony and maintenance, and

    also undertook to discharge all debts standing in the name of the wife.

    It was further agreed that the minor child would remain in the custody

    of the husband with visitation rights to the wife, and that the wife

    would withdraw the criminal case and undertake not to initiate any

    further civil or criminal proceedings either in India or in USA.

    Importantly, both parties agreed to file a petition for divorce by

    mutual consent before the Family Court, Anantapur.
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    20. In pursuance of the said settlement, the parties filed a

    petition under Section 13-B of the Act, 1955 in O.P. No.135 of 2011

    before the Family Court, Anantapur. It is the contention of the

    husband that the wife received part payment of Rs.26,00,000/-, but

    subsequently failed to cooperate for obtaining a decree of divorce by

    mutual consent, resulting in dismissal of the said petition on

    23.11.2013. On the contrary, the wife contends that the husband

    failed to comply with the terms under the Lok Adalat award and did

    not allow her to visit her child.

    21. In order to enforce the Lok Adalat award dated 15.10.2011,

    the wife filed E.P. No.30 of 2016 in P.L.C. No.29 of 2011 before the

    Court of District Judge, Anantapuramu. The said execution petition

    was adjudicated and by order dated 01.08.2018, learned District Judge

    dismissed the execution petition holding that the Lok Adalat award

    was conditional in nature. The learned District Judge specifically

    recorded that while the husband was required to pay Rs.1,33,00,000/-,

    the wife was equally bound to cooperate in obtaining divorce by

    mutual consent, which she failed to do. Consequently, it was held that
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    there was no wilful default on the part of the husband and the award

    could not be executed against him.

    22. According to the husband, on 25.11.2013, the wife along

    with her father, brother and about 30-35 persons, allegedly came to his

    house and threatened his parents with dire consequences, including

    elimination of the entire family. In this regard, the husband lodged a

    complaint under Sections 506 and 509 IPC, which was registered as

    Crime No. 307 of 2013 at Anantapur Police Station.

    23. On 20.12.2013, the wife lodged a complaint under Sections

    498A and 323 of IPC with P.S. Raiduragam, Hyderabad, who in turn

    registered a case in Crime No.695 of 2013 against the husband and his

    parents. The counsel for the husband would submit that after

    conducting investigation, the Investigating Officer filed final report on

    the ground of lack of evidence on 03.06.2014.

    24. The wife also filed DVC No. 5 of 2014 on the file of IX

    Metropolitan Magistrate, at Kukatpally against the husband and his

    parents.

    25. Learned counsel for the husband would further submit that

    pursuant to the common order dated 11.01.2016, the wife filed a suit
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    for dissolution of marriage and custody of child in USA with case

    No.2017 D 1744 before Eighteenth Judicial Circuit Court, State of

    Illinois, USA. On 25.01.2018, the Eighteenth Judicial Circuit Court,

    State of Illinois, USA, after hearing both the parties dismissed the

    petition.

    26. He placed reliance on the judgment of High Court of Delhi

    in Harmeeta Singh v. Rajat Taneja 1, wherein it was held that India

    would undoubtedly have jurisdiction over the disputes between the

    spouses where the marriage was performed in India. It further held

    that if the husband were to succeed in obtaining a decree of divorce in

    America, it would be unlikely to receive recognition in India.

    27. It is further borne out from the record that during the

    pendency of the present appeals, the wife filed FCAMP No.131 of

    2016 for suspension of the impugner order, the matter was taken up by

    a Divisional Bench of this Court on 15.03.2017, wherein the learned

    counsel for the wife submitted that she was willing to receive the

    balance amount out of Rs.1.19 Crores along with interest from the

    year 2011 in full settlement of disputes. However, on 25.01.2017, the

    1
    . 102 (2003) DLT822
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    learned counsel for the husband submitted that his client was not

    willing to pay the said amount. The Bench also noted the submission

    that the husband had remarried on 12.01.2016 i.e., immediately after

    the decree of divorce dated 11.01.2016 and prima facie observed that

    such remarriage was contrary to Section 15 of the Act, 1955 as the

    period for filing appeal had not expired.

    28. It is also relevant to note that the Hon’ble Supreme Court in

    Samar Ghosh v. Jaya Ghosh2 observed that human mind is

    extremely complex and human behaviour is equally complicated.

    Similarly human ingenuity has no bound; therefore, to assimilate the

    entire human behaviour in one definition is almost impossible. What

    is cruelty in one case may not amount to cruelty in other case. The

    concept of cruelty differs from person to person depending upon his

    upbringing, level of sensitivity, educational, family and cultural

    background, financial position, social status, customs, traditions,

    religious beliefs, human values and their value system.

    2
    . (2007) 4 SCC 511
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    29. In Rakesh Raman v. Smt. Kavita 3, the Apex Court

    observed that matrimonial cases before the Courts pose a different

    challenge, quite unlike any other, as we are dealing with human

    relationships with its bundle of emotions, with all its faults and

    frailties. It is not possible in every case to pin point to an act of

    cruelty or blameworthy conduct of the spouse. The nature of

    relationship, the general behaviour of the parties towards each other,

    or long separation between the two is relevant factors which a Court

    must take into consideration.

    30. In Naveen Kohli v. Neelu Kohli 4, the Apex Court held that

    cruelty is a course or conduct of one, which is adversely affecting the

    other. The cruelty may be mental or physical, intentional or

    unintentional. The cruelty alleged may largely depend upon the type

    of life the parties are accustomed to or their economic and social

    conditions and their culture and human values which they attach

    importance. Each case has to be decided on its own merits.

    31. Cruelty is not defined in any statute. It is a course or

    conduct of one, which is adversely affecting the other. We have to

    3
    . 2023 AIR (SC 2144
    4
    (2006) 4 SCC 558
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    consider the entire evidence and the allegations made by the parties,

    assess the same and come to a conclusion as to whether it amounts to

    cruelty or not.

    32. The daughter of the parents in the present case is 22 years

    at present. It is also apt to note that the husband brought up the child.

    She is with the husband in USA for the present.

    33. The said facts would reveal that there is strained relation

    between the parties. As on the date of filing of the both OPs., husband

    was 40 years and at present he is 52 years. Likewise, at the time of

    filing of the aforesaid OPs., wife was 37 years and now she is 49

    years. Thus, there are serious disputes against each other. There is no

    possibility of re-union of the parties since they are residing separately

    for the last 15 years.

    34. Learned counsel for the husband placed reliance on the

    principle laid down in Smt. Lila Gupta v. Laxmi Narian5, wherein,

    the Apex Court held that a marriage contracted in contravention of or

    violation of the proviso to Section 15 is not void but merely invalid

    5
    . AIR 1978 SC 1351
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    not affecting the core of marriage and the parties are subject to a

    binding tie of wedlock flowing from the marriage.

    35. As discussed above, it is the husband, who filed the

    aforesaid O.P. No.1393 of 2014 against the wife seeking dissolution

    of the marriage on the ground of cruelty and desertion. Therefore,

    burden lies upon him to plead and prove the said cruelty and

    desertion.

    36. As discussed above, though the husband made several

    allegations, he has not examined any witness and he has not filed any

    document in proof of the same except examining himself as PW.1.

    However, he has filed Exs.P1 to P29 which includes copies of FIRs,

    letter issued by the panchayat elder, terms recorded in PLC No.29 of

    2011, affidavits of the parties in O.P. No.135 of 2011, terms of

    compromise in O.P. No.135 of 2011 etc., whereas, the wife herself

    examined as RW.1 and her father as RW.2. She has filed Exs.R1 to

    R17.

    37. Perusal of evidence, both oral and documentary, would

    reveal that the wife is suffering from cancer. Presently, she is in
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    Proddatur of Kadapa District in Andhra Pradesh. The husband along

    with his daughter is in USA. Their daughter is aged 22 years at

    present. She became major.

    38. During the course of hearing, it is brought to the notice of

    this Court that the husband got second marriage on 12.01.2016 i.e.,

    immediately after decree of divorce dated 11.01.2016. In fact, vide

    order dated 15.03.2017 in FCAMP No.131 of 2016, while suspending

    the impugned order in O.P. No.1393 of 2014, this Court observed that

    the remarriage of the husband contracted before the expiry of

    limitation for filing appeal has no validity in law.

    39. There are allegations and counter allegations against each

    other. The wife has also filed an application before the Eighteenth

    Judicial Circuit Court, State of Illinois, USA vide Case No.2017 D

    1744, seeking dissolution of marriage and custody of child. The same

    was dismissed. Thus, she is also interested in obtaining decree of

    divorce.

    40. It is also apt to note that both the wife and the husband

    agreed to obtain decree of divorce by mutual consent and accordingly
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    they have entered into memorandum of compromise. They have filed

    a petition in O.P. No.135 of 2011, seeking dissolution of marriage

    with mutual consent. They have also filed their respective affidavits

    and terms of compromise vide Exs.P12 to P14. There are allegations

    and counter allegations against each other stating that they have not

    cooperated in obtaining decree of divorce. However, there is no

    dispute with regard to the husband agreeing to pay an amount of

    Rs.1.33 Crores.

    41. In the order dated 15.03.2017 in the present appeal, this

    Court recorded the submission made by Sri S. Dushyanth Reddy,

    learned counsel for the wife that the wife is willing to receive balance

    amount of Rs.1.19 Crore agreed to be paid by the husband along with

    interest from 2011 to settle all the disputes. But, in the entire record,

    there is nothing to prove that the husband has paid some amount out

    of the agreed amount of Rs.1.33 Crores.

    42. Perusal of record would reveal that the wife underwent

    abortion twice. According to her, the same was due to the harassment

    by the husband.

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    43. It is also specifically alleged by the wife that on 18.03.2017

    the husband beat her with hands and she got injured to her left eye.

    She was taken to Edward hospital and treated. There is also allegation

    that on 03.09.2011, the husband attempted to kill her by strangulation.

    He has obtained her signatures forcibly on typed and blank papers.

    Thus, there are serious allegations against each other.

    44. Perusal of record would also reveal that three (03) crimes

    were registered against each other vide Exs.P5, 20 and 27. Despite

    efforts made by the elders in the panchayat, both the husband and

    wife could not lead their marital life happily. There is strained

    relation between the husband and wife. Despite terms entered into

    before the Lok Adalat in PLC No.29 of 2011 vide Ex.P10 and terms of

    compromise in O.P. No.135 of 2011 vide Ex.P14, there is no change

    in the attitude of the parties and they are not in a position to lead

    marital life. Thus, there is no possibility of re-union.

    45. As discussed above, at the cost of repetition, it is apt to note

    that the husband is in USA along with his daughter. At the time of

    filing the aforesaid OP, he was 40 years and at present he is 52 years.

    Likewise, at the time of filing of the aforesaid OP, the wife was 37
    25
    KL,J & BRMR,J
    FCA Nos.59 & 61 of 2016

    years and now she is 49 years. Despite conducting conciliation

    proceedings by learned Family Court in OP No.135 of 2011, the

    parties agreeing to stay together, reduction of terms into writing, they

    are not residing together since June, 2011.

    46. As discussed above, it is not in dispute that neither learned

    Family Court, nor this Court can grant decree of divorce dissolving

    the marriage of the parties on the ground of irretrievable break down

    of the marriage. However, the said aspect can certainly be considered

    by this Court while deciding the petitions seeking dissolution of

    marriage along with other aspects.

    47. However, on consideration of the evidence, both oral and

    documentary, learned Family Court allowed the OP filed by the

    husband seeking dissolution of marriage on the grounds of cruelty and

    desertion and dismissed the application filed by the wife seeking

    restitution of conjugal rights. As discussed above, there is no

    possibility of reunion. The wife is a cancer patient. She is staying

    with her parents in Proddatur. The husband agreed to pay the

    aforesaid amount of Rs.1.33 Crores in the year 2011. It is the
    26
    KL,J & BRMR,J
    FCA Nos.59 & 61 of 2016

    contention of the wife that the husband has to pay interest as agreed

    before the Lok Adalat on the said amount.

    48. Sri Vedula Srinivas, learned Senior Counsel appearing for

    the husband, on instructions, would submit that it is the wife, who turn

    round and violated the terms of compromise recorded in Ex.P10

    before the Lok Adalat in PLC No.29 of 2011 and the terms of

    compromise recorded vide Ex.P14 in O.P. No.135 of 2011. Therefore,

    she is not entitled for the aforesaid agreed amount.

    49. As discussed above, the husband agreed to pay the said

    amount of Rs.1.33 Crores. The wife is 49 years old at present. She is

    suffering from cancer and she is staying with her parents. Therefore,

    we are of the considered opinion that there is no possibility of reunion

    of the parties. She is entitled for the said amount of Rs.1,33,00,000/-

    (Rupees One Crore and Thirty Three Lakhs Only).

    50. In the light of the aforesaid discussion, both the appeals

    filed by the appellant – wife vide FCA Nos.59 and 61 of 2016 are

    dismissed confirming the order dated 11.01.2016 passed by learned

    XV Additional Sessions Judge, Rangareddy District at L.B. Nagar in
    27
    KL,J & BRMR,J
    FCA Nos.59 & 61 of 2016

    O.P. Nos.71 and 1393 of 2014, dismissing the petition for restitution

    of conjugal rights and dissolving the marriage between the appellant

    and the respondent held on 03.07.1999 by way of decree of divorce.

    The respondent – husband shall pay an amount of Rs.1,33,00,000/-

    (Rupees One Crore and Thirty Three Lakhs Only) to the appellant –

    wife within three (03) months from today towards full and final

    settlement of appellant – wife including maintenance and permanent

    alimony etc., failing which, liberty is granted to the appellant – wife to

    take steps against the respondent – husband in accordance with law.

    In the circumstances of the case, there shall be no order as to costs.

    As a sequel thereto, miscellaneous petitions, if any, pending in

    both the appeals shall stand closed.

    ___________________________
    LAKSHMAN, J

    ___________________________
    B.R. MADHUSUDHAN RAO, J
    5th May, 2026
    Mgr

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