JINJU RAM P M Vs. SABU M V
LAWS(KER)-2017-2-144
HIGH COURT OF KERALA
Decided on February 02,2017

Jinju Ram P M Appellant
VERSUS
Sabu M V Respondents

JUDGEMENT

A.M. Shaffique, J. - (1.) This appeal is filed by the respondent in OP No.785/2012 on the file of the Family Court, Kannur. The original petition is filed by the respondent herein seeking for a decree for dissolution of the marriage between the appellant and the respondent on the ground of cruelty and desertion. The Family Court granted a decree for divorce on the ground of cruelty.
(2.) The short facts involved in the original petition are as under:- The respondent married the appellant on 2/1/2011. It is alleged that the appellant was not at all reconcilable for a proper marital life. She behaved like a 6 year old child and never considered other members of the family with respect. She misbehaved with the respondent's father and mother and insulted and abused them. The respondent was informed that she had worked as a teacher prior to marriage and she got another employment as a sales girl in a private establishment. According to the respondent, she stayed in the house only for three months and thereafter left the matrimonial home. She did not come back for about four months. However, she was brought to the matrimonial home in August 2011 and she stayed till October, 2011. By that time the respondent got a job at HDFC Bank at Manjeri and he requested the appellant to accompany him. This was objected by the appellant as well as her relatives as she does not know how to prepare food or look after family affairs. When the respondent left to Manjeri to join duty, the appellant also left the matrimonial home. It is alleged that the marriage between appellant and the respondent was never consummated. She did not permit him to have sexual intercourse as according to her she was not interested. The respondent alleges that he later got information that the marriage between them was not the first marriage of the appellant. She was married to another person earlier and on enquiry it was found that she was married to one Muraleedharan on 12/4/2009 and they stayed together as husband and wife for a few days. The appellant filed a petition against Sri.Muraleedharan, his mother and sister alleging offence under Section 498A of the Indian Penal Code which is pending before the Magistrate Court, Kanhangad. Sri.Muraleedharan also filed OP No.769/09 for declaring the marriage as null and void. The appellant did not contest the said petition and the said marriage was declared as a nullity. It is alleged that the factum of earlier marriage was suppressed by the appellant and consent of marriage was obtained by misrepresentation which amounts to cruelty and the respondent does not intend to proceed with the marital life.
(3.) Counter statement was filed by the appellant denying the aforesaid facts. According to her, she had gone to her parental home after informing the respondent which was very near to the marital home and she never insisted for a separate stay. It is alleged that the attitude of the respondent towards the appellant changed once he got a better employment in HDFC Bank. The appellant alleges that mother of the respondent was inimical towards her since she belonged to a lower caste. It is further contended that after the failure of the first marriage, she never thought for another marriage but it was at the constant pressure and repeated requests of the respondent that she agreed for a remarriage. It is also contended that the respondent was fully aware of the first marriage and the background of the appellant and there was no suppression as alleged. In the said circumstances, the appellant sought for dismissal of the original petition.;


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