Hyderabad: A two-judge panel of the Telangana High Court allowed a petition for divorce on the grounds of cruelty and desertion. The panel comprising Justice Moushumi Bhattacharya And Justice M.G. Priyadarsini observed, “Marriage is much more than an exchange of vows or a single ceremony. It requires building of a shared home brick-by-brick cemented by a continuing wish to live a life together. Every marriage has a core and a foundation holding the union of two persons together. The bedrock of the union disintegrates when the married persons intend to break away from the union. It would be unnatural to reject a petition for divorce where the evidence led by both parties shows that the core of the marriage has crumbled beyond restoration. What is evident from the decisions cited is that cruelty is just one of the splinters of a collapsing structure where the substratum of the marriage has broken down in a way in which the structure cannot be preserved or rebuilt. Cruelty, desertion, and insanity are but a few of the grounds that may form the reason for a step in that direction. The courts should put a quietus on such matters.” The panel speaking through Justice Moushumi Bhattacharya pointed out that it was undisputed that the wife initiated several proceedings against the appellant including five criminal cases under 498-A of IPC, Dowry Prohibition Act and her multiple complaints were dismissed. It is also admitted by both parties that the local village elders held panchayat meetings several times for reconciliation between the appellant and the respondent, which however did not succeed. The appellant also suffered imprisonment for 15 days before he was released on bail. The criminal case was finally dismissed and the appellant was acquitted of the charges. This, however, did not deter the respondent from filing more criminal cases against the appellant, the panel noted. The panel also took into consideration that the couple lived together briefly for three months and have been living apart now for a decade. The apprehension of the respondent wife that her husband on grant of decree of divorce may not pay maintenance, the panel said that the “wife respondent can certainly exercise this right in independent proceedings. We do not wish to express any view on the same since those proceedings are not before us”. The panel concluded observing, “We have no doubt that the appellant is entitled to a decree of divorce on the ground of cruelty and of the marriage having broken down beyond repair. There is no chance of the parties resuming their matrimonial life. The parties have also not expressed any intention to do so by way of their respective submissions or by documentary evidence. Since the very foundation of the marriage has fallen apart, the court cannot force the parties to reconcile and live together as husband and wife.”
HC dismisses plea on poll symbol
A two-judge panel of the Telangana High Court dismissed a writ plea on an election symbol at the local body election as premature. The panel comprising Chief Justice Alok Aradhe and Justice J. Anil Kumar was dealing with a plea filed by the Alliance of Democratic Reforms Party. The petitioner complained that the Election Commission failed to include Chapati Roller in the list of free symbols for ensuing elections to the local body elections, as one of the non-allotted symbols. The petitioner contended that it has contested the election on the said symbol and therefore it was required for continuity. Senior counsel G. Vidya Sagar appearing for the Election Commission pointed out that the rights of any party or individual was to choose from the list of symbols available in the notification, in the absence of such a notification, the relief sought in said petition was premature. The panel accordingly dismissed the writ plea.
HC contempt notice to TSLPRB chief
Justice B. Vijaysen Reddy of Telangana High Court yet again ordered notice to principal secretary, chairman of Telangana State Level Police Recruitment Board [TSLPRB] in a contempt case. The judge was dealing with a contempt case filed by G.R. Sudhakar complained about the process of recruitment of assistant public prosecutors (APPs) and the action in restricting the number of posts to 92 as against the advertised posts of 151 despite availability of 130 selected candidates in 2021. Earlier, the judge passed a detailed order in a batch of writ pleas stating, “The action of the principal secretary, chairman of TSLPRB and DGP in not considering the case of these petitioners for appointment of APPs though they have qualified in the written examination is wholly unjustified” and directed respondent authorities to consider the case of the petitioners for appointment as APPs in the available vacancies. In the present contempt case it was contended that respondents deliberately disobeyed the orders of the court. The judge accordingly ordered notices to the principal secretary and chairman of TSLPRB and posted the matter for further hearing.
HC refuses order on funds for refinery
Justice C.V. Bhaskar Reddy of the Telangana High Court refused to make interim orders for the release of funds to S V Refineries Private Limited. The judge was hearing a writ plea filed by the petitioner against the secretary, Industries and Commerce Department, commissioner of industries, and others alleging that the respondents failed to release incentives of a sum of Rs 26,62,59,391/- under the Telangana State Industrial Development and Entrepreneur Advancement Incentive Scheme, 2014. According to the petitioner, the non-release of such funds had serious financial implications on the petitioner whose very existence could be threatened financially. Counsel for the petitioner pointed out that the government had even sanctioned the said amount but it is bureaucratic indifference that led to the present impasse. The petitioners further alleged that the action of the respondents is arbitrary and in violation of the Indian Constitution.
