JAMES ROBERT EDWARD PEIRCE Vs. ANNA MATHEWS

JUDGEMENT

(1.) 'Love is blind, which knows no reason, no boundaries, no distance'. Sri.James Robert Edward Peirce, a British National, fell in love with Smt.Anna Mathews, a Keralite lady, and they got married on 22/11/2008 at St.Francis CSI Church, Kochi. They lived together as husband and wife, and a boy child was born in their lawful wedlock. Their relationship became strained due to incompatibility of nature and temperament and they fell apart, and from July 2012 onwards, they are living separate. Thereafter they launched several litigations against each other for custody of the child, domestic violence, restitution, divorce etc.

(2.) The husband is a freelance filmmaker who often visits Kochi, and he was involved in various film projects for promoting tourism in India. The wife, who was a Journalist, got acquainted with him at Fort Kochi, and their acquaintance developed into a love affair, which eventually lead to their marriage. According to the wife, after marriage, she was ill-treated by the husband, and he continued his ill-treatment even after birth of the child. Since she was not able to withstand the cruelties extended to her by the husband, she returned to her paternal house along with her child. Thereafter she filed O.P No.1028 of 2012 to dissolve their marriage. The husband filed O.P No.302 of 2013 for restitution of conjugal rights, and also O.P No.303 of 2013 for getting guardianship and custody of his minor son Samuel Charles Robert Peirce alias Sam.

(3.) The Family Court, Kollam tried the above three O.Ps together treating the O.P for divorce as the leading case. PWs 1 and 2 were examined and Exts.A1 to A3 were marked from the side of the petitioner/wife, and RWs 1 and 2 were examined and Exts.B1 to B29 were marked from the side of the respondent/husband. As per common order dtd. 19/8/2014, the Family Court dismissed the Divorce O.P filed by the wife, and allowed the restitution O.P filed by the husband. The O.P filed by the husband for getting guardianship and custody of the child was also dismissed.