RADHAMNI Vs. RAVIKUMAR

JUDGEMENT

(1.) This appeal is filed by the respondent in OP No.762/2000 of the Family Court, Thrissur. The original petition is filed by the respondent herein seeking for divorce on the ground of cruelty and desertion. The appellant challenges the said judgment inter alia contending that the Court below had not properly appreciated the pleadings and evidence in the case. The allegation of cruelty was absolutely baseless and there is no evidence to substantiate the said contention and equally unsustainable is the allegation of desertion.

(2.) The short facts involved in the case are as under. The parties are described as shown in the petition unless otherwise stated.

(3.) The petitioner/husband married the respondent/wife on 3/5/1991 as per Hindu religious rites and ceremonies. A child was born to them in their wedlock. It is contended that the respondent always compelled him to reside at her parental home. When she became pregnant, she had gone home for two days and thereafter her father did not sent her back to the matrimonial home. Petitioner alleges that when he went to the respondent's house to bring her back, her father ill-treated him. After birth of the child, though he attempted several times to bring her back, she was not willing. Further, without informing him, they conducted the ceremonies of the child. He had gone on a few occassions to visit his wife and child. But again he was prevented from seeing them by the mother-in-law. During March 1993, he made a futile attempt to bring her back and her father had threatened him. He had also caused bodily injury to him. Alleging that the respondent failed to perform her marital obligations and responsibilities, he had issued a lawyer's notice on 21/6/1993 seeking for restitution of conjugal rights. She had sent a reply denying the allegations and making allegations against him. She filed a case claiming maintenance, which was later compromised to resume cohabitation. He further alleges that 3 months after she had come back, she started ill-treating him and was making false allegations against him. She quarrelled with the petitioner and his mother and left to her parental home in February, 1995. Alleging that she was residing with her parents for the last 5 years without any justifiable ground, and had separated from the society of the petitioner and contending that the marriage has become irretrievably broken, petition for divorce is filed on the ground of cruelty and desertion.