DAYOSHYAS @ NOBLE Vs. ROSMIN

JUDGEMENT

(1.) Mat Appeal Nos.97/2013 and 94/2013 have been filed by the respondent/husband against the common order passed by Family Court, Thodupuzha on 29.09.2012 dismissing O.P (Div) No.184/2009 filed by him and allowing O.P No.354/2010 filed by the petitioner/wife in part. In O.P (Div) No.184/2009, decree for dissolution of marriage on grounds of cruelty and insanity and in O.P No.354/2010, decree for recovery of Rs.1,00,000/- and 35 sovereigns of gold ornaments were sought.

(2.) Both Original Petitions were tried together. Evidence was adduced by both parties to the respective petitions in common, treating O.P. No.354/2010 as the leading case. Evidence adduced by the petitioner consist of her own testimony as PW1 and that of witnesses as PW2 to PW4. Evidence adduced by the respondent consist of his own testimony as RW1 and that of his witnesses as RW2 to RW6. Exts.A1, B1 and B2 respectively were also marked by respective parties. Ext.X1 was marked as court exhibit.

(3.) The parties to the Original Petitions belong to 'Christian Yahova Sakshi' and their marriage was registered on 10.04.2000, following a pledge taken by the parties. The marriage was also solemnized in accordance with their religious rites. Thereafter they lived together as husband and wife at the residence of the petitioner at Rajakkad and were blessed with a girl and a boy child.