RANJITH G.V. Vs. REEBA E.

JUDGEMENT

(1.) HEARD the learned counsel for the appellant. This appeal is filed against the judgment of Family Court, Thalassery in O.P.(HMA)No.817 of 2011. The said OP was filed by the appellant, seeking divorce under Section 13 (1)(ia) and (ib) of Hindu Marriage Act.

(2.) BEFORE the Family Court, petitioner alleged that after the marriage on 14.12.1997, respondent was taken to Kuwait, where the appellant is employed. It is stated that she became pregnant there and soon thereafter, she returned to Kerala and gave birth to a child on 14.2.2000. Subsequently, the relationship between the parties got strained and since then, respondent and the child are residing separately in her parental house. According to the appellant, soon after his arrival in Kuwait, he noticed changes in the behaviour and attitude of the respondent. She used to get angry and quarrel with him and told him that she was not interested in him and that she had no intention to continue the marital life. It is stated that as she continued her behaviour without any change, she was sent back to Kerala. It is stated that the husband was kept uninformed about the pregnancy or delivery of the child. It is also stated that despite the above, when he came to Kerala, he visited the respondent, when also the respondent was indifferent even by refusing sex with him. It is stated that the respondent had told him that if she is compelled to continue the marital life, she would commit suicide. Appellant further alleged that in the year 2000, he constructed a house and that since the respondent and the child were in her house, the house was kept under lock and key. According to him, respondent and some others trespassed into the house and are residing there since 25.8.2011. It is on account of the cruelty and desertion, appellant has filed a petition before the Family Court.

(3.) BEFORE the Family Court, appellant and respondent were examined as PW1 and RW1 respectively. On behalf of the appellant, Exts.A1 to A8 and on behalf of respondent, Ext.B1 were produced and marked. Considering the entire evidence on record, Family Court rendered judgment dated 16.1.2013, dismissing the petition. It is challenging this judgment, this appeal is filed.