Merely Lodging Cruelty FIR Against Husband Not Grounds for Divorce: Telangana High Court

Case Title: XXXX v. XXXX

Case No.: Family Court Appeal Nos. 202 and 229 of 2017

Coram: Justice K. Lakshman and Justice K. Sujana

Court Observations

“It is the respondent/husband, who filed the aforesaid OP seeking dissolution of marriage against the appellant/wife on the ground of cruelty. Therefore, he has to plead and prove the same by producing cogent evidence. In the present case, except examining himself, he has not examined any other witness… Mere lodging of complaint against husband and his family members for the offence under Section 498-A of IPC and Sections 3 & 4 of Dowry Prohibition Act does not amount to cruelty. Therefore, on the said ground, respondent/husband cannot seek dissolution of marriage.”

“What is cruelty in one case may not amount to cruelty in other case,”

“Neither the learned Family Court nor this Court can dissolve the marriage of the parties by granting decree of divorce on the ground of ‘irretrievable breakdown of marriage’,”

Merely Lodging Cruelty FIR Against Husband Not Grounds for Divorce: Telangana High Court