V.VALSALA Vs. M.VELAYUDHAN

JUDGEMENT

(1.) This appeal is filed against an order passed by the Family Court, Manjeri by which the marriage between the appellant and the respondent was dissolved by granting a decree of divorce on the ground that, the appellant has, after solemnization of the marriage, treated the respondent with cruelty.

(2.) The respondent herein, the petitioner in OP No.166/2004 filed a petition for divorce on the ground of cruelty under Section 13 (1)(ia) of the Hindu Marriage Act. The main contention urged by the respondent was that after solemnization of the marriage on 20/12/1995, the appellant herein was not behaving properly to the respondent and his family members and was quarreling time and often. She was not doing any of her duties as a wife and she frequently went to her house and stayed there for quite a long time. Respondent had to go abroad for his work and according to the respondent, eventhough he wrote several letters to the appellant, reply was being sent only after four or five letters are being sent to the appellant. Further, it is contended that when the respondent comes back during holidays, she used to continuously quarrel with him. They had no children and appellant had even made an allegation that the respondent had illicit relationship with another member of the family. Ultimately, respondent had to come back to India after giving up his job. Even thereafter, the quarrelsome attitude of the appellant continued and as a result of which the original petition had been filed.

(3.) Respondent filed counter statement before the Family Court disputing the allegations raised. Evidence was adduced. Respondent was examined as PW1 and oral evidence of PWs 2 and 3 were also recorded. He relied upon Exts.A1 to A5. Appellant was examined as RW1. Her mother was examined as RW2. Respondent relied upon Exts.B1 to B5.