AIR 2016 HYDERABAD 12 ::(2016) 1 HinduLR 554 ::(2016) 3 CivilCourtC 356 ::(2015) 3 CurCC 397 ::(2015) 4 AndhLD 614 ::(2016) 1 DMC 303

Hyderabad High Court

Hon'ble Judge(s): R. Subhash Reddy, B. Siva Sankara Rao , JJ

(A) Hindu Marriage Act (25 of 1955) , S.13— Divorce - Cruelty and desertion by wife - Husband assaulted and necked out wife when she refused to convey her property in his name - Husband filed petition for restitution of conjugal rights but did not execute same - Wife was not allowed to join - Case registered by wife for offence u/S. 498A, IPC - While attending said case wife was waylaid and beaten by husband for which another case was registered where he was convicted - @page-Hyd13Conduct of wife does not constitute desertion or cruelty - Rather there is cruelty and desertion on part of husband - Divorce cannot be granted. (Para 35 36 37 41) (B) Hindu Marriage Act (25 of 1955) , S.13— Divorce - Cruelty by wife - Filing of complaint u/S. 498A, IPC and Ss. 4 and 6 of D.P. Act by wife against husband or his family - Per se does not constitute cruelty - Husband has to prove that filing of complaint and its pursual was aimed to harass and ill-treat him. If the allegations are per se illegal, unlawful and the conduct is per se wild, bad and unlawful that itself constitutes act of cruelty; in other respects every conduct alleged that tantamounts to cruelty must be proved by prepo....