RAJ MATHEW Vs. SHEENA R MATHEW

JUDGEMENT

(1.) These appeals are filed against the common judgment of the Family Court, Ernakulam in OP.Nos.288/03, 453/04, 454/04, 455/04 & 551/05.

(2.) The appellant husband married the respondent wife on 16.11.1996. Suffice it to say that they separated on 28.2.2003 and in the mean while, a male child was born in the wedlock on 26.1.1998. Subsequent to their separation, the wife filed OP.288/03 seeking declaration of her exclusive title of the property scheduled therein, to recover possession thereof from the appellant, for injunction and for mesne profits. She also filed OP.454/04 seeking recovery of Rs.25,29,325/- and OP.455/04 for divorce on the ground of cruelty. The husband filed OP.551/05 for divorce on the ground of desertion and OP.453/04 for the custody of the child.

(3.) All these five cases were tried together by the Family Court and by a common judgment rendered on 11.5.2007, the Family Court declared the exclusive title of the property scheduled in OP.288/03 in favour of the wife and granted a decree to recover possession of the same. Further, a decree for the recovery of mesne profits and a prohibitory injunction restraining the appellant husband from interfering with the peaceful possession of the respondent was also granted. In OP.454/04, the wife was granted a decree enabling her to recover Rs.10,29,236/- with 9% interest. Further, she was also allowed to recover Rs.3 lakhs with 9% interest from respondents 1, 3, 4 and 5 in that OP and the counter claim raised by the appellant was allowed to the extent of enabling him to recover Rs.25,000/- from the respondent wife. In so far as OP.453/04 regarding the custody of the child is concerned, the child was left in the custody of the mother and arrangements were made for giving custody to the appellant during school vacations. Divorce was granted as prayed for in OP.455/04 and OP.551/05 filed by the husband was dismissed. It is aggrieved by the judgment in all the five cases, these appeals are filed.