B VENKATA VISWANATH Vs. DAITA KALYANI

JUDGEMENT

(1.) The appellant, Mr. B. Venkata Viswanath, is partly aggrieved by the Judgment dated 27-03-2006 passed by the Family Court, Hyderabad, whereby the learned Family Court has not only granted a divorce in favour of the respondentwife, Daita Kalyani, but has also granted her a permanent alimony of Rs.15 lakhs. The appellant is not aggrieved by the grant of divorce, but, is aggrieved by the grant of permanent alimony of Rs.15 lakhs to the respondent- wife.

(2.) Briefly stated, the facts of the case are that, on 29-11-2002, the appellant and the respondent were married at Hyderabad, in accordance with the Hindu rites and customs. According to the respondent- wife, from day one of her marriage, the marriage was on the rocks. For, she was subjected to both mental and physical cruelty by the appellant- husband. The couple stayed in India for about nine months. Thereafter, the appellant migrated to the United States as he was employed there as a software engineer. Subsequently, on 15-08-2003, the respondent also joined the appellant- husband in the United States. They stayed in Jackson in the United States. However, according to the respondent- wife, her life became even more miserable during her stay with the appellant- husband in the United States. According to her, despite her best effort, the marriage was never consummated. In fact, she was sexually abused by the appellant and was subjected to physical assault. Therefore, she left the company of the appellant and returned to her parental house in Hyderabad. Consequently, she filed a divorce petition against the appellant under Section 13 (1) (ia) of the Hindu Marriage Act, 1955.

(3.) In order to support her case, the respondent- wife examined herself as PW.1, and submitted twenty eight documents. On the other hand, the appellant- husband did not examine any witness. In fact, he never appeared before the Court to contest the case. However, he submitted forty documents.