Telangana High Court confirms couple’s divorce, orders Rs 80 lakh maintenance for daughter

The husband filed for divorce, alleging cruelty, claiming his wife suffered from schizophrenia and the marriage was fixed by her parents, suppressing this fact. He also cited incidents of physical abuse and public humiliation. He contended that he was in judicial remand for 10 days on a complaint filed by his wife.

The wife denied these allegations, contending that she only suffered from sleeplessness and depression during her pregnancy in 2011-2012. She accused her husband of harassment for additional dowry and neglect. The legal battle saw multiple criminal complaints, including a case under Section 498-A of the Indian Penal Code (IPC) against the husband that ended in acquittal, and a domestic violence petition that was dismissed for default.

‘Strained relationship’

The bench noted that the husband failed to legally prove that the wife had a mental health condition before their marriage, and the testimony of the wife’s doctor indicated that the symptoms of irritability, sleeplessness, and restlessness were related to her pregnancy.

The bench observed that the relationship was “strained”, and a court-ordered mediation attempt also proved unsuccessful. “There is no possibility of re-union of the parties,” the bench stated.

The bench said the trial court’s award of maintenance was insufficient. “Admittedly, the appellant [wife] has brought up her daughter and provided education and has to perform her marriage. Therefore, the aforesaid amount of Rs. 10,00,000/- awarded by the Family Court towards maintenance of the child is not sufficient,” said the bench.

While the court ruled that the wife was not entitled to permanent alimony because she is currently working, it focused on the welfare of their 13-year-old daughter and ordered Rs 80 lakh to be deposited in the daughter’s name.

The court also noted that the amount is towards “full and final settlement of the appellant and her daughter, including permanent alimony and maintenance”, and they will “not make any further claim against the respondent over the properties of the respondent–husband in any manner, etc.”