RENJU Vs. VIJITHA

JUDGEMENT

(1.) This appeal is filed by the petitioner in O.P.No.37 of 2012 challenging judgment dated 29.01.2013, by which his petition for divorce on the ground of cruelty had been rejected by the Family Court, Muvattupuzha.

(2.) The couple got married on 14.12.2006 and they lived together only till 10.11.2010, in the meantime a child was born in the wed lock. Petitioner raised a contention that he was suffering mental cruelty at the hands of the respondent. She always raised allegation that he was having relationship with another lady and also with several other women. The respondent always suspected him and alleged illicit relationship with other women, which amounts to severe mental cruelty. It is further contended that while they were residing together, one fine morning, she had abused him and even slapped him. In January, 2009, she deserted the house. The respondent denied the allegations and before the Family court petitioner was examined as PW1 and his relative was examined as PW2. The respondent was examined as RW1. Exts.A1 to A4 were the documents marked. The Family Court found that the allegation of cruelty as well as the desertion has not been proved and accordingly dismissed the petition.

(3.) The learned counsel for the appellant submits that the wife had made specific allegation against the petitioner that he was having relationship with another lady and even with other females. While being cross examined as RW1, she could not state from where she got the information, she only stated that she got information from other sources. The allegations were absolutely false and she always suspected the petitioner, which amounts to mental cruelty. That apart, she had left the matrimonial home in January, 2009. Therefore, this is a fit case in which divorce ought to have been granted on ground of cruelty as well as of desertion. The learned counsel also placed reliance on the judgment of the Apex Court in Narendra V. K.Meena [(2016) 9 SCC 455], wherein the the Apex Court held that when allegations are made by the wife against her husband on extra marital affairs and it remain unsubstantiated, it amounts to mental cruelty.