DEVI Vs. KARUNAN

JUDGEMENT

(1.) These two appeals arise out of a common order passed by the Family Court in O.P. No. 370/2011 and 522/2011. O.P. No. 370/2011 has been filed by the husband seeking divorce on the ground of cruelty and desertion. O.P. No. 522/2011 has been filed by the wife seeking restitution of conjugal rights. Parties got married on 21.1.1990 as per Hindu religious rites and ceremonies. They have no children.

(2.) According to the petitioner, he was not keeping well and he required continuous treatment. It was decided to sell the property and to purchase a small house at an interior place. In the meantime, husband of the petitioner's sister died in a road traffic accident and hence petitioner and respondent shifted to the sister's house at Kozhikode. Subsequently, the petitioner had certain debt and he intended to sell the Tharawad property. There was a demand from the side of the respondent to pay some amount to her brother which he refused. At this time petitioner's sister's husband died in a road accident and before the rituals were over, the respondent left the house. She informed the petitioner that she had to attend the temple festival at her birth place. Later she field M.C. No. 65/2007 before the Judicial Magistrate of First Class, Koyilandy arraying sister of the petitioner, his brothers and petitioner as accused. The said case was later settled on the basis of compromise and the petitioner agreed to deposit Rs. 1,90,000/- in the name of both the parties and the interest can be utilised for paying maintenance.

(3.) They were thereafter living in the sister's house. However, on 11.12.2008, the respondent left the house stating that she had to attend marriage of her sister's daughter. After the marriage she did not come back and on enquiry it was understood that she was residing in her tharawad property at Panthalayani. Though the petitioner made several attempts to bring her back, due to her adamant attitude all the attempts failed. While staying separately, the respondent used to demand money threatening that on his failure he would be dragged to police station along with his family members. Respondent's sister is a woman Sub Inspector of Police. According to him, the respondent always demanded money from the petitioner and his relatives. She even filed a complaint before the Vanitha Cell, Vatakara and his younger nephew was dragged to the Vanitha Cell more than once. His nephew was also summoned to Vanitha Commission, Kozhikode and was insulted in front of other litigants. She also approached the Taluk Legal Service Committee, Koyilandy and filed A.P. No. 1/2011 and thereafter approached the Family Court.