Husband appealed against a Family Court decree granting his wife divorce on grounds of cruelty and harassment by him and his relatives. The High Court found strained relations, criminal proceedings between the parties, failed conciliation, and held the trial court's reasoned decree well founded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[34e4 I
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
TUESDAY, THE NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE K.LAKSHMAN AND THE HONOURABLE SRI JUSTICE VAKITI RAMAKRISHNAREDDY
APPEAL SUIT NO: 52t OF 2002
Appeal filed under Section 96 of C.P.C., Rl/w Section192 of the Family Court Act, aggrieved by the Order dt. 31-12-2001 in O.S.No.207 oI1997 on the file of the Court of the Judge, Family Court, Hyderabad.
Between:
Sri Noor AIi Ghadia, S/o Abid bai R/o Gandhi Chowk,Adilabad
...APPELLANT
EI-[E
Smt. Laila, W/o Noor Ali Ghadia, Occ: Business R/oProp Elite Foot Wear and Leadher Goods Centre, Xerox and STD Centre,Shop No.$8-490/1,Chirag-Al- Lane, Hyderabad.0
...RESPONDENT
Petition under Section 151 CPCpraying thatin thecircumstances statedin the affidavit filed in support of the petition, the High Courtmaybe pleased to pass an order of injunction restraining the respondent fromcontracting Second Marriage until the disposal of the above appeal.
Counsel for the Appellant : Ms. Muieeb Fathimarepresenting Sri Mirza Nisar Ahmed Baig
Counsel for the Respondent: SriAzim Parbatani
The Court delivered the foltowing:
,..t
THE HON'BLE SRI JUSTICE IC LAKSHMAN AND
THE HON'BLE SRI JUSTICE VAKITI RAMAKRISHNA REDDY
A.S.No.52l o12002
09rh December,2025
Between:
Sri Noor Ali Ghadia.
. . . Petitioner
AND
Smt. Laila.
. . . Respondent
JUDGMENT: (Per Honourable Sri Justice K.Lakshman)
Heard Ms. Mujeeb Fathima, leamed counsel
representing Sri Mirza Nisar Ahmed Baig, learned counsel for the appellant/defendant/husband. In the preJunch session
when the matter is called, colleague of Sri Azim Parbatani, learned counsel for the respondent/plaintifflwife sought for
pass over but post lunch session, there is no representation.
accommodated both the counsels for eight (08) times.
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:;
learned Judge, Family Court, at Hyderabad, the appellant/husband preferred the present appeal.
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fi The appellant/husband beat her mercilessly.He has not even allowed her to visit parents' house at Chirag Alilane at Hyderabad. He has not even allowed her to make callto her parents. Her parents are educated and hail from respectable family. They did not tolerate the said ill-treatment ofthe appellant/husband and his family members.
demanding divorce. Thereafter, she has filed the aforesaid suit seeking dissolution of marriage.
denying the'said allegations made by the respondent/wife.
herself as PWI and filed Exs.Al to A7 documents.To
disprove the said allegations and cruelty, the
t-
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appellant/husband examinedhimselfas DWl and filed Exs.B1
to B51 documents.
g. On consideration ofthe entire evidence,both oral and documentary, vide impugnedJudgmentdated13.12.2001, the learned Judge, Family Courtgranted decree of divorce dissolving the marriage ofthe appellant/husband with the respondent/wifeperformedon 29.09.1990.
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Letter, whereas, the appellant/defendant filed several documents including copy of the documents, Ex.B36 - letter by the conciliation and arbitration board etc. He has also filed Ex.B5l - certified copy of the complaint in C.C.No.l02 of 1996. The aforesaid record would reveal that despite making efforts by the conciliation and arbitration board, there was no possibility of the parties' reunion. On perusal of the plaint and written statement would reveal that there were no issues out of their wed-lock. On consideration of the said evidence only, vide impugned Judgment dated 31.12.2001, the learned Judge, Family Court granted decree of divorce dissolving marriage of the appellant/husband with the respondenUwife.
s:B!'
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registered against the appellant/trusband herein. Thus, there
are strained relations between appellant and respondent.
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learned Judge, Family court granted decree of divorce. The
said Judgment is reasoned and well founded. The appellant
herein failed to make out a case to set aside the judgment passed by the learned Judge, Family court. Therefore, the
appeal is liable to be dismissed.
order as to costs.
As a sequel, pending miscellaneous applications, if any,
shall stand closed.
SD/. V.KAVITHA DEPUTY REGISTRAR
6
//TRUE COPY"
SECTION OFFICER
To,
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HIGH COURT
l-f',f1{.1trfi?t lrtF]
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JUDGMENT
AS.No.52'l ot 2002
DISMISSING THE APPEAL
,o
THE HIGH COURT FOR THE STATEOF TELANGANA AT HYDERABAD
TUESDAY, THE NINTH DAY OFDECEMBER TWO THOUSAND AND TWENWFIVE
PRESENT
THE HONOURABLE SRI JUSTICEK.LAKSHMAN AND THE HONOURABLESRIJUSTICE VAKITI RAilIAKRISHNAREDDY
SriNoor Ali Ghadia,S/o Abid bai Rl/o Gandhi Chowk' Adilabad.
Smt.Laila,W/o NoorAli Ghadia, Occ: Business Wear and Leadher GoodsCentre, Xerox and STD Centre, ,ch Lane,Hyderabad.
T
Appeal filedunder Section 96 of C.P.C., R/w Section 192of the Family Court Act. asg;ievedby the OrderdL.31-12-2001in O.S.No.207of 1997 on the file of the Courtof the Judge, Family Court, Hyderabad.
oRDER:These appeals coming on for hearing_andupon perusingthe grounds.of J""Z*the Judgmentand Decrieof the Lower Court and the material papersin the F;[itdand ufon hearing the argumentsof Ms. Mujeeb F{himg .representing 'S-ri"'filir.a Nisai Ahmed Baig, Advocate for the Appellant and of Sri Azim Parbatani, Advocatefor the ResPondent.
That thisGourtboth Order and Decree as follows:
2.That there shallbe no order as to costsin this appeal'
n
sD'-V.K^AVITHA DEPUTY REGISTRAR 6
//TRUE COPY//
SECTION OFFICER
To,
2.fwoCD CoPies
.f"'
o.
HIGH COURT
DATED:0911U2025
DECREE
AS.No.521 ot 2002
DISMISSING THE EPPEAL
)o ll/
1 issue framed by the court
Whether the Family Court's decree dissolving the marriage on the ground of cruelty was liable to be set aside in appeal.
2 provisions across 2 enactments
Sri Noor Ali Ghadia
Smt. Laila
K. Lakshman
Vakiti Ramakrishna Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
