VIJAYASREE Vs. KRISHNA KUMAR

JUDGEMENT

(1.) This appeal is filed by the petitioner in O.P. No. 265 of 2006 on the file of the Family Court, Palakkad. The respondent herein was the respondent husband in that case which was filed by the petitioner wife under Sec. 13(1)(ia) of the Hindu Marriage Act for a decree for divorce on the ground of cruelty.

(2.) The case of the appellant/ petitioner is as briefly as follows. The marriage between the parties was solemnised on 10.,2.2002 as per their religious rites. One girl child was born in the wedlock. The appellant's case is that at the time of marriage she was a student of Sree Sankaracharya Sanskrit College Kalady where she was doing B.A.Bharathanatyam course and there was an assurance that respondent will permit her to continue the course even after marriage. But after marriage respondent and his relatives changed their words and they compelled the appellant to discontinue her course. The respondent husband and his mother treated the appellant with cruelty and they always assaulted her. They always tried to despite and insult the appellant in front of guests and disregard her. After four months of marriage when the appellant was physically ill, the respondent and his relatives were not even ready to take her to hospital and finally she was taken to hospital at the request of a servant. The respondent husband left hospital immediately when the appellant's parents came and did not enquire about her physical condition after that. From the hospital she was taken to her house by her parents and returned to her matrimonial house after some mediation talks. Ill-treatment and torturing continued and she was totally neglected by her husband. The respondent husband was not interested to take care of her even at the time of pregnancy and at that time also assaulted and ill- treated her. After delivery the appellant was in her house and she was taken to the matrimonial house at the request of the appellant's father. The respondent was not interested in the affairs of his child also. When she returned back to the matrimonial home there was no change in circumstances and her husband and his mother again subjected her to cruelty. The appellant was taken to her home by respondent husband on 29.11.2004 and after that the respondent is not bothered about his wife and child till date and is not enquiring about her. Since the appellant felt that her life is in danger if she continues to live with the husband and since left with no other remedy the appellant filed a petition for divorce before Family Court.

(3.) The respondent in his counter statement denied every allegation against him and his mother. His remaining contentions are as follows. The petitioner wanted to reside away at Kalady and continue her studies. The respondent was not agreeable for that. Therefore the petitioner had grudge against the respondent. The real conflict was between petitioner and respondent's mother. As a result of such conflict, the petitioner became unfriendly to the respondent. She wanted to shift residence in order to go away from his mother. But he was not amenable to leave his mother alone in the house. The petitioner finally left her matrimonial home after quarreling with a servant.