HARIDAS Vs. JAYASREE

JUDGEMENT

(1.) The Family Court, Tirur has dismissed O.P.No.126/2013 filed by the appellant seeking for dissolution of marriage on the ground of cruelty. Aggrieved by the said order, the petitioner has filed this appeal. The petitioner and the respondent were Hindus and their marriage was solemnized on 14.9.2008 at Thiruvengapura Mahatemple as per their religious rites. They had no issues in the wedlock. From the 4th day of marriage itself the respondent had shown symptoms of epilepsy. She fell unconscious in the bed and passed urine. She cannot identify the people then. The matter was informed to the respondent's family. The petitioner came to know later that respondent had epilepsy since 13 years and the marriage was contracted suppressing the said factum. Therefore, petition was filed by him under Section 13(1)(ia) of the Hindu Marriage Act seeking dissolution of marriage on the ground of cruelty.

(2.) The respondent has filed counter statement denying the averments in the Original Petition. According to her, prior to the marriage the petitioner had contracted another marriage and on account of the death of the 1st wife that the 2nd marriage was conducted. It was contended by her that herself and her family never cheated him and the petitioner had ill-treated her with cruelty, both physically and mentally on demands of dowry. She was also ill-treated for not having a child. On 11.11.2009, she was left at her house by the petitioner without any reason. Thereafter, the petitioner did not enquire about her and was reluctant to take her back to the matrimonial home. In that context she was constrained to file MC.No.650/2010 seeking maintenance.

(3.) Before the Family Court, evidence was adduced from both sides. PW1 and PW2 were examined and Exts.A1 to A7 were marked on the petitioner's side. Family Court noticed that the documents originally produced as Exts.A1 to A3 before the Family Court, Malapuram were not received by it but, no steps were taken to procure those therefrom. On the respondent's side RW1 and RW2 were examined but, no documents were marked. After appreciating the evidence on record, the Family Court found that the petitioner failed to prove cruelty from the respondent. Accordingly, the petition was dismissed.