HC Upholds Denial Of Divorce, Says Charges Not Substantiated
A two judge panel of the Telangana High Court upheld a Family Court order refusing divorce to a woman, ruling that unsubstantiated allegations of cruelty and extra-marital affairs against the husband could not form the basis for dissolution of marriage under the Hindu Marriage Act.
Hyderabad: A two judge panel of the Telangana High Court upheld a Family Court order refusing divorce to a woman, ruling that unsubstantiated allegations of cruelty and extra-marital affairs against the husband could not form the basis for dissolution of marriage under the Hindu Marriage Act. The panel comprising Justice K. Lakshman and Justice B.R. Madhusudhan Rao dismissedanappeal filed by the wife against the order of the Principal Judge, Family Court, Hyderabad, which rejected her divorce petition that had been filed on the ground of cruelty.The wife alleged that her husband suspected her character, imposed restrictions on her movements and attire, harassed her over dowry, and maintained extra-marital relationships. She alleged that she was forced to withdraw a domestic violence case and had attempted suicide twice owing to the alleged harassment. Opposing the plea, the husband denied the allegations and contended that the wife voluntarily left the matrimonial home in 2014, leaving behind the children, who continued to remain in his custody.After examining the evidence, the panel observed that the appellant-wife failed to produce any independent witness or documentary proof to substantiate the allegations of cruelty. The panel noted that several serious allegations, including claims of extra-marital affairs and physical harassment, were neither specifically pleaded in the divorce petition nor supported by material particulars such as dates, incidents, or witness testimony.The court reiterated that cruelty under the Hindu Marriage Act must be specifically pleaded and proved by cogent and convincing evidence. The panel ruled that vague allegations and ordinary matrimonial wear and tear do not constitute legal cruelty warranting divorce. The panel also rejected the contention of the wife that the marriage was void on the ground that she was a minor at the time of marriage, holding that no such plea had been raised before the Family Court and could not be introduced for the first time in appeal. Holding that the findings of the Family Court were well reasoned and free from perversity, the court dismissed the appeal and confirmed the order refusing dissolution of marriage.
Allow student to take exam, HC tells tech college
Justice Nagesh Bheemapaka of the Telangana High Court, sitting in vacation court, directed VNR Vignana Jyothi Institute of Engineering and Technology, Bachupally, to permit a BTech Civil Engineering student diagnosed with T-cell lymphoblastic lymphoma to appear for his third year second semester examinations. The judge was hearing a writ petition filed by Velivela Navadeep Sai Anjan, who petitioner challenged a circular issued by the college detaining him from appearing for examinations despite submitting a medical certificate recording his diagnosis, treatment requirements and the need for medical leave. Counsel for the petitioner contended that the student was unable to fulfil academic requirements owing to treatment for the rare and aggressive cancer affecting the immune system white blood cells and sought urgent relief. Justice Bheemapaka directed the college, the controller of examinations and head of the civil engineering department to permit the petitioner to appear in the forthcoming examination. The court clarified that the results of the examinations written by the petitioner would remain subject to the outcome of the writ petition.
HC stops coercive action in firm
Justice Suddala Chalapathi Rao of the Telangana High Court, sitting in vacation court, restrained the police from taking coercive action in connection with multiple FIRs alleging operation of an illegal money circulation and pyramid scheme under the Prize Chits and Money Circulation Schemes (Banning) Act, while permitting continuation of the investigation. The writ petition was filed by Forever Living Imports India Private Limited challenging multiple FIRs registered at Rein Bazaar, Mirchowk and Madannapet police stations, besides notices issued by the police, alleging interference with its direct selling business operations. Senior counsel S. Niranjan Reddy, appearing for the petitioner-company, contended that under the consumer protection framework and direct selling rules, the state government had designated a monitoring authority to determine whether an entity was operating a legitimate direct selling business or a prohibited pyramid structure. It was argued that the police usurped the role of the monitoring authority by attempting to independently determine the nature of the petitioner’s business model. Counsel submitted that the petitioner was engaged in the business since 2011 with statutory registrations and licences for marketing aloe vera-based wellness products through a direct selling model. It was argued that while the police could investigate allegations of cheating or other cognisable offences, they could not assume the statutory role of deciding whether the business constituted a pyramid or money circulation scheme. The petitioner alleged that multiple prosecutions were initiated in a pre-determined manner on the basis of sporadic complaints with the object of disrupting its business activities, and that the bank accounts of the company were frozen during investigation. Opposing the plea, the government pleader contended that due process was being followed during investigation and that the authorities could arrive at a conclusion only after completion of the probe. The respondents justified the freezing of accounts on the apprehension that funds could otherwise be depleted and maintained that the summons issued to the petitioner was lawful. The judge directed the respondents to file their response in the matter and further directed the respondents not to take coercive steps against the petitioner while continuing its investigation.
