M.B.THIAGU Vs. S.NEETHI

JUDGEMENT

(1.) The instant appeal arises out of an order dtd. 8/7/2022 passed by the I Additional Family Court at Hyderabad in O.P.No.1149 of 2015 filed by the appellant/husband under Sec. 13(1)(ia) and Sec. 26 of the Hindu Marriage Act, 1955 (1955 Act), for dissolution of his marriage with the respondent/wife by a decree of divorce and for grant of permanent custody of master Atiksh Thiagu born on 28/3/2010.

(2.) The Family Court dismissed the petition for divorce and permanent custody of the child master Atiksh Thiagu on the ground that appellant failed to prove cruelty by the respondent and did not choose to produce any documents or adduce oral evidence to support and substantiate his contention, but the Family Court has granted the petitioner visitation rights to visit his minor son on every second Saturday and second Sunday between 10.00 a.m., to 05.00 p.m., at the place where both parties agree till the minor attain majority.

(3.) The appellant states in the petition that his marriage with the respondent is performed on 5/4/2008 at Selma Kalyana Mandapam, Kotagiri as per the Hindu Rites and Customs, he took the respondent to Dubai and her behaviour was adamant, abnormal during her stay in Dubai from May 2009 to August 2009 and she never attended Household works, did not prepare food. The respondent has damaged almost 10 mobile phones and on one occasion, she threw away the articles. In the month of August, 2009, respondent conceived and returned to Hyderabad. On 28/3/2010, respondent gave birth to a baby boy named as Atiksh Thiagu. On 29/10/2009, he got issued legal notice to the respondent. Respondent did not join the matrimonial home till February, 2011, he got transferred and started residing at Chennai to lead happy marital life with the respondent and the child.