SMITHA MATHEW Vs. PRASOON KURUVILA

JUDGEMENT

(1.) Mat.A. No.263 of 2010 is filed by the respondent/wife in O.P. 491 of 2009 on the file of the Family Court, Kottayam. The respondent in this appeal is the petitioner in that petition, which was filed by him under Section 10(1)(x) of the Divorce Act for divorce on the ground of cruelty. Mat. A.No. 265 of 2010 is filed by respondents 1 to 3 in O.P.No. 492 of 2009 on the file of the Family Court, Kottayam. The respondent in that appeal was the petitioner in that Original Petition, which was filed by him for the custody of the child. The first respondent in that Original Petition is his wife and respondents 2 and 3 are the parents of the first respondent.

(2.) The averments in O.P.No.491 of 2009 are briefly as follows: The petitioner is the husband and the respondent is the wife and their marriage was solemnised on 3.2.2003 as per the Christian rites. After the marriage they lived together in the house of the petitioner. A male child was born in this wedlock on 20.2.2004. The petitioner is a doctor by profession and was doing his MD in General Medicine at Kottayam at the time of marriage. The respondent is also a doctor preparing for the entrance examination for MD course. It was an arranged marriage.

(3.) During the initial days of the marriage itself the respondent behaved very much indifferently with the petitioner and his family. She did not like the lifestyle and eating habits of the petitioner and his parents. She was not ready to mingle with the family members of the petitioner and she always preferred to remain inside the bed-room. She was not even ready to have food together with the family members of the petitioner. The respondent was in the habit of humiliating and insulting the petitioner. She claimed better financial and social status than the petitioner. She stated that she married the petitioner only on the compulsion of her parents.