LIJI ACHANKUNJU OMMEN Vs. PRABHU K RAJAN

JUDGEMENT

(1.) The Appellant/wife has come to this Court with this appeal claiming to be aggrieved by the impugned order passed by the Family court rejecting her claim for divorce under Sections 10(1) (ix) & 10 (1)(x) of the Divorce Act.

(2.) The averments in the petition filed by the Appellant before the court below shows that the marriage between her and the Respondent had taken place in accordance with the religious rites of the Christian community on 31/12/1998 at Marthoma Syrian Church, Umayattukara. They lived together as husband and wife. Prior to their marriage, they were allegedly in love and this affair prior to the marriage had led to the marriage of the spouses on 31/12/1998. They resided together till 15/4/2005. According to the Appellant/Petitioner, during this period, the Respondent/husband was guilty of matrimonial cruelty of the contumacious variety. From 15/4/2005, there was wanton neglect and desertion on the part of the Respondent. The Respondent did not enquire about the Petitioner nor visit her after 15/4/2005. A male child was born in the wedlock on 4/10/2001. It is, in these circumstances, that the Appellant went before the Family court with O.P.(Div) No. 537/2009 claiming divorce under Sections 10(1)(ix) and 10(1)(x) of the Divorce Act on the ground of matrimonial cruelty and desertion.

(3.) The Respondent/husband was served. He appeared before the court below through counsel. No counter statement was filed. The Appellant/Petitioner tendered oral evidence as PW1. Ext.A1 marriage certificate issued by the church was also produced as a document.