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mere filing of criminal case does not amount to treating the petitioner with cruelty unless it is substantiated that it was filed with false allegations to harass the petitioners about which there is no evidence. On the other hand, if the allegations made in the Criminal case are true it amounts to that the petitioner treated the respondent with cruelty.

As it says

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THE HON’BLE SRI JUSTICE GODA RAGHURAM

AND

THE HON’BLE SRI JUSTICE G. KRISHNA MOHANREDDY

 

FAMILY COURT APPEAL No.56 OF 2011

JUDGEMENT :(Per Hon’ble Sri Justice. G. Krishna Mohan Reddy)

 This Family Court Appeal filed under Section 19 of the Family Courts Act is directed against order of dismissal dated 24-01-2011, passed in O.P. No.284 of 2009, filed by the applicant under Section 13 (1) (ia) of Hindu Marriage Act, 1955 (for short, ‘the Act of 1955’) on the file of Judge, Family Court, Secunderabad (for short, the learned District Judge), seeking divorce against the respondent on the ground of cruelty. 

2.         The appellant is the petitioner and the respondent is the respondent in the O.P. No.284 of 2009.  For the sake of convenience the parties hereinafter will be referred as arrayed in the petition.

3.         It is claimed in the petition as follows :

The marriage of the respondent with the petitioner was solemnized on 23-08-2002 at Secunderabad as per Hindu rites and customs and immediately thereafter the marriage was consummated, thereafter the respondent started pestering the petitioner to get the property in the name of his mother transferred in her name which the petitioner refused,  by reason of which, the respondent started harassing the petitioner and his mother and in that process made both of them do all household works and also used to abuse them and whenever he questioned about it, the respondent used to threaten him of committing suicide and putting the blame on his family.  Further in March, 2006 she beat the petitioner’s mother and caused her serious injuries and immediately the father of the respondent went to the house of the petitioners along with some anti social elements and beat the petitioner and his family members including his sister, by reason of which, his sister suffered fracture, but at the instance of some elders no complaint was given to concerned police for taking necessary action.  Further, on 30-04-2006 the respondent along with his father and family members and also along with some anti social elements went to the matrimonial house and beat the petitioner and others and lodged a false report before Musheerabad police station following which the police warned the respondent and closed the matter. Further, ever since the respondent has been living along with her parents at a different place.  Further, the petitioner’s mother gifted the said house to him on 24-03-2006 and subsequently he was taken to concerned women police station on a complaint lodged by the respondent and there he was forced to give an undertaking of keeping the respondent in a separate residence. Further, within 20 days there from the respondent and her parents again demanded the petitioner to transfer the house in her name and when he refused, they beat them and on the other hand, she gave a false report against him which was registered as Crime No.100 of 2007 on the file of concerned police station.  Further the respondent also filed M.C. No.87 of 2007 against the petitioner before concerned Magistrate Court which is pending.  Therefore the life of the petitioner became miserable and hence the relief prayed for is to be granted because of the cruelty meted out from the respondent and others. 

4.         The respondent filed counter denying the material allegations made in the petition and further contending that having taken a dowry of Rs.1,00,000/- at the time of marriage and additional dowry of Rs.30,000/- and Rs.20,000/- later the petitioner harassed her and the petition was filed   with false allegations and hence it should be dismissed.

5.         On behalf of the petitioner, he got himself examined as PW.1 and got marked Exs.A-1 and A-2 which are their wedding card and marriage photo.  Further, on behalf of the respondent she got herself examined as RW.1 and got marked Exs.B-1 and B-2 which are lists prepared and signed by elders at the time of marriage and a copy of order passed in M.P. No.87 of 2007.

6.         On the basis of the material available on record, the learned Judge, Family Court, Secunderabad, dismissed the petition on the ground that the petitioner failed to substantiate his claim.

7.            Therefore, it is to be seen as to whether the order passed by the lower Court is tenable?

8.         Points : Under Section 13(1) (ia) of the Act of 1955, cruelty is one of the grounds for granting divorce in cases like this but, having approached the Court the petitioner is burdened with establishing his claim.  The petitioner as PW.1 and the respondent as RW.1 deposed according to their claims.  It is the contention of learned counsel for the petitioner that the petitioner has placed sufficient evidence to the effect that the respondent treated him with cruelty and it has become unbearable for him to live along with her but the Judge, Family Court, failed to appreciate the matter properly and arrived at incorrect conclusions and therefore the order passed by the Judge, Family Court, is to be set aside and divorce is to be granted as prayed for.  He has mainly emphasized filing of criminal case against the petitioner which according to is false is a is good ground to grant the relief.

9.         The petitioner failed to substantiate any of the allegations made in the petition.  If he and his family members were beaten severely and on one occasion his sister received fractures it is unbelievable that no police report was given to the concerned police against the respondent and her family members and supporters for taking necessary action.  Further, even though it is claimed in the petition that the matter was referred to elders for necessary measures none of them was examined before the Court to prove the matrimonial disputes.  It is easy to make allegations against the respondent but unless they are substantiated by examining the said elders and their neighbours who can speak about those disputes, no useful purpose will be served, when such measures were not taken that is sufficient to come to a conclusion that the allegations made by the petitioner against the respondent are nothing but false. 

10.            Therefore, the petitioner failed to establish his claim for the purpose of granting the relief as prayed for on the ground of cruelty. 

11.       On the other hand the respondent also failed to place satisfactory evidence about the demand for dowry and additional dowry alleged to be made by the petitioner.  Further, going through the over all circumstances of the case, it is observed by the Judge, Family Court, that as per the evidence adduced both lived happily till July, 2003 admittedly, and they begot two female children and basing upon some petty quarrels between them, it can not be said that the respondent subjected him to cruelty.  Further, mere filing of criminal case does not amount to treating the petitioner with cruelty unless it is substantiated that it was filed with false allegations to harass the petitioners about which there is no evidence.  On the other hand, if the allegations made in the Criminal case are true it amounts to that the petitioner treated the respondent with cruelty.

12.      The lower Court considered the matter properly and arrived at correct conclusions and there is no reason to interfere with the same. Hence, the Family Court Appeal is liable to be dismissed at the stage of admission itself.

In the result, the Family Court appeal is dismissed, there shall be no order as to costs.

                             ___________________                            

                                  G. RAGHURAM, J.

                       __________________________

                      G. KRISHNA MOHAN REDDY, J.

DATE:28-03-2011.

Dsh.

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