RANJITH.P.C. Vs. ASHA NAIR.P

JUDGEMENT

(1.) Judgment dated 21.01.2014 of Family Court, Thalassery in O.P. No.805 of 2011 is assailed in this appeal. The appellant is the petitioner in the Original Petition. Decree for dissolution of marriage sought for by him was declined by the Family Court and the Original Petition was dismissed for his failure to establish the ground cruelty alleged as basis. The respondent is the respondent before the Family Court, who is none other than the wife of the appellant.

(2.) Before adverting to the legality, propriety and correctness of the judgment under challenge, an understanding of the facts led to the filing of the Original Petition seeking the decree being relevant, a summary description is made hereunder. For a smooth understanding of the matter, the parties to the appeal are referred to hereinafter as the petitioner and the respondent.

(3.) The petitioner and respondent got married on 17.04.2003 and a female child was born in the wedlock. The marital relationship did not last long in the way it commenced due to the quarrelsome nature of the respondent who finds pleasure in quarrelling with the petitioner and his mother. She started declaring that she would commit suicide after creating cogent materials to trap himself and his mother. She used to call the petitioner 'dog' and 'shameless creature'. She used to undermine his person stating that he is not a fit person to be her husband and insult him by beating him in front of his relatives. She also denied the petitioner sex. She refused to live at the matrimonial home. Several attempts to commit suicide had been made by her which takes in an incident of rushing towards the railway line passing near the petitioner's house. She left the matrimonial home on 10.02.2011 and ever since then she was there and therefore, the expectation of the petitioner to maintain a smooth marital life was lost. When the hope for reunion was lost, the petitioner caused to issue a lawyer notice to the respondent on 30.06.2011 demanding dissolution of marriage. The respondent received the same and issued a reply to it on 08.07.2011. The Original Petition was filed thereafter seeking for a decree for dissolution of marriage.