Prove Cruelty: Telangana HC in Divorce Petition
The panel upheld the dismissal of the divorce petition by the Family Court, Secunderabad, and its grant of restitution of conjugal rights. It was the case of the husband that he was subjected to cruelty and desertion owing to alleged abusive behaviour, frequent quarrels, interference by in-laws and suspicion arising from alleged late-night phone usage.
Hyderabad: A two-judge panel of the Telangana High Court comprising Justice K. Lakshman and Justice V. Ramakrishna Reddy dismissed a Family Court appeal, observing that allegations of cruelty must be proved through relevant and independent evidence. The panel upheld the dismissal of the divorce petition by the Family Court, Secunderabad, and its grant of restitution of conjugal rights. It was the case of the husband that he was subjected to cruelty and desertion owing to alleged abusive behaviour, frequent quarrels, interference by in-laws and suspicion arising from alleged late-night phone usage. It was contended that such conduct made continuation of marital life impossible and justified dissolution of marriage.
Opposing the appeal, counsel for the respondent-wife argued that the allegations were vague, unsubstantiated and unsupported by any independent witness or material. It was contended that documentary proceedings of the Gangaputra Sangham revealed that the appellant himself insisted that she consume medication to prevent conception and subjected her to suspicion and ill-treatment, and that she consistently expressed willingness to resume cohabitation. The panel observed that despite serious allegations, the appellant had not examined his parents or produced any medical or corroborative evidence. The panel recorded admissions in cross-examination that he had beaten his wife on more than one occasion, had not paid maintenance for several years, and did not challenge the decree for restitution of conjugal rights. Holding that cruelty must be proved by cogent and reliable evidence and that mere allegations cannot form the basis for dissolution of marriage, the panel found no infirmity in the Family Court’s findings. Accordingly, the panel dismissed the appeal.
2.HC Hears Death Sentence Case
A two judge panel of the Telangana High Court comprising Justice K. Lakshman and Justice V. Ramakrishna Reddy will continue to hear a referred trial seeking confirmation of the death sentence imposed on accused Guru Praveen Kumar in the sensational Vikarabad triple-murder case. The case relates to the gruesome homicides committed during the intervening night of August 4–5, 2019, at the family’s rented penthouse in Vikarabad, wherein the accused allegedly murdered his wife Chandini, his nine-year-old stepson and his five-year-old daughter.
As per the chargesheet and witness depositions, the motive emanated from domestic discord, with the accused purportedly harbouring suspicions regarding his wife’s fidelity after accessing her phone conversations. The material on record reflects a history of strained relations and recurring altercations. It is alleged that on the night of the incident, following an alcohol-fuelled quarrel and after the departure of his mother and brother, the accused assaulted Chandini with an iron rod, inflicting fatal cranio-cerebral injuries and subsequently strangulating her. It was alleged that he murdered the children — culminating in a triple homicide. In the early hours of August 5, 2019, the accused presented himself before the Vikarabad police and is said to have made a voluntary confession. Upon trial, the Court of the Principal District and Sessions Judge, Vikarabad, found him guilty of all charges and imposed the capital sentence of death by hanging, in addition to a monetary fine. As mandated under provisions of the CrPC, the sentence has been placed before the High Court for confirmation. The panel heard detailed submissions and deferred the matter, directing continuation of arguments on the next date of hearing.
