LINI MOHAN JOHN Vs. MOHAN JOHN

JUDGEMENT

(1.) Petition under S.10 of the Indian Divorce Act.

(2.) Petitioner is the wife and the respondent is the husband. They are Indian Christians governed by the Indian Divorce Act for the purpose of matrimonial reliefs. Their marriage was solemnised on 14-7-1986 at the St.George Orthodox Church, Paliyekkara, Thiruvalla. While they were living together a child was born to them and she is now 10 years of age. The petitioner has filed this O.P. for a decree of divorce on the ground that she was treated with cruelty and that she was deserted and neglected for more than a period of two years. The petitioner has alleged that she has been subjected to mental and physical cruelty. She has narrated the instances of mental cruelty, as failure to look after the welfare of the child, addiction to gambling and refusal to speak the truth. According to the petitioner, even after the birth of the child, his attitude towards her has not changed, but only worsened. Even when she was admitted in the hospital for delivery, the respondent did not show any love and affection towards her. The respondent has taken the petitioner to Dhamam in Saudi Arabia in February, 1987. She was never permitted to go out of the house or talk to any person. She was never allowed to contact any person. He refused to keep a telephone in his house while they were abroad. Absence of telephone and lack of any pocket money cut off the petitioner from the outside world. She came back to India in 1988. Then there was a mediation talk and after conciliation the respondent agreed to mend his ways and believing his words the petitioner again went to Saudi Arabia. Though for a short period there was no problem, again he started creating problems. He spent his time for gambling. For cheating his employer a police case was registered. The respondent has not cared even to buy dress for his child. As he was addicted to gambling, he had incurred huge debts. He has lost the entire money given by the petitioner's father towards her share. He had also collected large amount of money from the petitioner's father. A total sum of Rs.6.15 lakhs was taken by the respondent from the petitioner's father after making false statements in addition to Rs.3 lakhs paid earlier at the time of marriage. He used to call her father asking for huge amounts and threatened that unless the amounts are given, the petitioner and the child will not return to India. Immediately after his office work he used to visit places of gambling and returns only late in the night. He used to lock up the house from outside. Thus the addiction to gambling has caused much mental agony to the petitioner. The petitioner was brought up in an extremely religious atmosphere. Misappropriation of company funds and indulging in various unlawful activities also caused much mental agony to the petitioner. He had continuously manhandled her. In order to extract money from the petitioner's father he had brutally assaulted her. She was also slapped when she questioned his gambling addiction. When he started physical assault to her and even to the child she felt insecurity. She was extremely scared to live with the respondent. Therefore, she was sent back to India by the respondent on 28-7-1996. Thereafter also he never cared to look after the petitioner and her child. Even though he came to India he did not care to visit her or to enquire about her and the child. She was deserted and neglected from 1996 onwards. For more than a period of four years they have been living separately. He has never cared to have sexual relationship with the petitioner for the last 10 years. Therefore, the petitioner prays for a decree of divorce.

(3.) The respondent filed a counter denying the averments regarding cruelty and desertion. After marriage the petitioner was taken to Saudi Arabia and they were leading a very happy married life. The company provided them a new Toyota car and accommodation. While so, she became pregnant and gave birth to a child in a private hospital at Thiruvalla. The respondent arrived in India a week before the petitioner's delivery and went back after three weeks and again he came to India to attend Baptism of the child on 24-2-1990. Till the Kuwait war the petitioner and the child were in Saudi Arabia. They were sent back to Kerala to safeguard their interests. During early 1996 there started some trouble in the professional career of the respondent. Being a Marketing Manager, he cleared articles of the company to certain persons who cheated him and his company. But the company fixed the liability on the respondent. There was non payment of about 15 lakhs of rupees. Some of his relatives borrowed about 3 lakhs of rupees. The respondent found it very difficult to get over the situation. He had arranged money through his brothers inlaw, his father and finally he approached the petitioner's father " for one lakh rupees under the guarantee of his father's property. Only after solving the problem the petitioner and the child were sent back to India. Thereafter the respondent also came to India and was doing business. He denies all the allegations regarding cruelty, neglect and desertion. He wants to resume the married life.