T. K. GOPINATH Vs. V. P. VASANTHA

JUDGEMENT

(1.) This is an appeal filed u/s 19 of the Family Courts Act, 1984 against the order of the Family Court, Thrissur dated 17/3/2011 dismissing OP No.385/2006 filed by the husband seeking divorce on the ground of cruelty and desertion.

(2.) The husband/petitioner before the Court below is the appellant and the respondent/wife is the respondent herein. Parties are referred to as shown in the OP unless otherwise stated. The petitioner and the respondent got married on 24/5/1982. One daughter was born to them in their wedlock. The petitioner is at present aged 81 years and the respondent is aged 64 years. The petitioner alleged that the respondent was in the habit of residing in her house without any reason on various periods and in the year 1982, the respondent left the matrimonial home and returned only after six months. It is further alleged that, during the period from 29/11/1984 to 14/9/1999, the respondent used to desert the petitioner without any reason and used to come back according to her will and pleasure. It is further alleged that, on 14/9/1999, the respondent left his house and never returned. The petitioner has also alleged that the respondent was cruel to him and she has failed to discharge her marital obligations and that the marriage has been irretrievably broken.

(3.) The respondent filed counter statement denying the desertion as well as cruelty alleged by the petitioner. It is contended that the petitioner, his mother and brothers ill-treated her leading to mental torture. It is also contended that in fact it was the petitioner who was cruel towards her and deserted her. According to her, she is prepared to continue the marital relationship.