MOHANDAS PANICKER Vs. DAKSHAYANI

JUDGEMENT

(1.) This appeal is filed against the order passed by the Family Court, Kozhikode in OP No. 112/2002 which was preferred by the appellant/husband on the ground of adultery as provided u/Section 13(1)(i) of the Hindu Marriage Act, 1956 seeking divorce against the 1st respondent, his wife. The appellant married the 1st respondent on 14/12/1974 as per the Hindu customary rites and thereafter, they lived together as husband and wife. In the wedlock, two children were born to them and both of them have attained majority. According to the appellant, while they were residing in the family house, the 1st respondent used to pick up quarrels with him for silly reasons and used to behave indifferently. She used to create problems in the house and without any provocation, cry loudly to attract the attention of neighbours. For one reason or the other, she frequently visited her house and stayed there. Subsequently, they shifted their residence to a new house. After the marriage of her first daughter, the 1st respondent used to visit her family house at Koduvally and stayed there for several days. Such indifferent behavior and the telephone calls during that period were noticed by the appellant. From this, it was learnt that a man used to make phone calls to her. He was later identified as one Manoj. When the appellant enquired about this, she informed him that she had some money transaction with Manoj, and that the phone calls were made in that connection. Further enquiry made by the appellant revealed that the aforesaid Manoj was a frequent visitor to the family house of the 1st respondent at Koduvally and that they maintained an intimacy. Knowing this, his son, Sreejith warned her not to continue this conduct and relationship and the 1st respondent assured him that she would mend her ways.

(2.) Subsequently, she developed an intimacy with the 2nd respondent and on 19/08/2001 at 10.30 p.m. the 2nd respondent was found in the bed room of the 1st respondent. According to the appellant, while he was sleeping in another room, on hearing some noise, he came to the backside of the bed room of the 1st respondent and saw him inside and that realising the presence of the appellant, the 2nd respondent ran away. White escaping from there, the neighbours caught him red handed. The second incident was on 05/11/2001 when the appellant and his son returned from the shop, they found the front door of the house closed when they looked in to the bed room through the window respondents 1 and 2 were found naked, and indulging in sexual intercourse and that on seeing them, the 2nd respondent escaped from there. In these circumstances, the appellant contended that the 1st respondent is living in adultery and he prayed for dissolving his marriage with the 1st respondent on the ground of adultery.

(3.) In the Family Court, the 1st respondent wife resisted the petition by filing a written statement denying the allegation of adultery with the 2nd respondent. She admitted that after the marriage, the appellant and the 2nd respondent lived together, but, contended that she did not create any problems in the marital life. It was contended that after the marriage, for a period of eight years, they lived together at tharavadu house and thereafter they shifted to the new residence. While residing in the tharavadu house, the appellant treated her with cruelty and in such circumstances, they shifted to the new house. She denied the allegation that she had illicit connection with Manoj or Retnakaran Nair and according to her, they were total strangers to her. According to her, after consuming liquor, raising false allegations, he used to assault her frequently. He is an astrologer, getting more than Rs. 15,000/- per month and he used to mingle with different kinds of people and was leading a wayward life. On 05/11/2001 at 11.30 a.m., the appellant assaulted the 1st respondent and driven her out of the house and thereupon she left the house with her brother at 10 p.m. on the same day. Hence, she prayed to dismiss the petition.