Telangana High Court upholds divorce granted to NRI husband, orders Rs 1.33 crore alimony to wife battling cancer

Justices K Lakshman and B R Madhusudhan Rao were hearing the wife’s plea against divorce granted by family court.

Allegations and counter-allegations

The parties married in 1999 and later moved to the United States, where the husband worked as a software professional.

According to the husband, matrimonial disputes began after a few years of marriage, with the wife allegedly abusing him and his family, creating disturbances at home, and humiliating him in front of relatives and friends.

He also accused her of deserting him in 2011 and filing false criminal complaints under Section 498A IPC.

The wife, on the other hand, alleged severe physical and mental harassment by the husband and his family. She claimed she was repeatedly assaulted, forced to undergo abortions, threatened with a gun, and subjected to dowry harassment.

She also alleged that her husband attempted to strangulate her in 2011 and forcibly obtained her signatures on blank papers.

In 2011, the parties entered into a settlement before a Lok Adalat, where the husband agreed to pay Rs 1.33 crore towards permanent alimony and maintenance, while both sides agreed to seek divorce by mutual consent.

The wife alleged that the husband did not comply with the said award and despite severe harassment caused by the husband, she was ready to lead a happy married life with him.

The wife, therefore, sought a decree in her favour by permitting her to discharge her conjugal obligations as wife and dismiss the divorce petition filed by the husband.

‘No reunion possible’

• The court observed that cruelty is not defined in any statute, it is a course or conduct of one, which adversely affects the other.
• The court noted that the daughter of the couple is residing with her father in USA. The court remarked that there were serious disputes between them and that there was no possibility of reunion of the parties since they had been residing separately for the last 15 years.
• It further stated that though the husband made several allegations, he did not examine any witnesses and he did not file any documents as proof.
• The bench also took note of the wife’s medical condition, observing that she was presently suffering from cancer.
• The court noted that the wife had filed an application for dissolution of marriage and the child’s custody before a court in USA, which came to be dismissed. The high court, therefore, remarked that the wife was also interested in obtaining a decree of divorce.
• “There are allegations and counter allegations against each other stating that they have not cooperated in obtaining decree of divorce. However, there is no dispute with regard to the husband agreeing to pay an amount of Rs.1.33 Crores,” the court observed.

Rs 1.33 crore alimony

• The court remarked that there were serious allegations against each other and that there was no change in the attitude of the parties, thereby not being in a position to lead a marital life.
• It therefore dismissed the wife’s plea for restitution of conjugal rights and upheld the order dissolving the marriage between the couple.
• The court directed the husband to pay Rs 1.33 crore to the wife.
• The court directed the husband to pay the amount within three months towards full and final settlement, including maintenance and permanent alimony, failing which the wife would be at liberty to initiate legal proceedings for recovery.