B.RADHAKRISHNAN NAIR Vs. M.LAKSHMI

JUDGEMENT

(1.) THE appeals are filed by the husband and the respondent is the wife. Mat.Appeal No.155/2010 is directed against the judgment in O.P. No. 574/2007 of the Family Court Palakkad and Mat.Appeal No. 556/2010 is directed against the judgment and decree in O.P. No.404/2008. Memorandum of Cross Objection is filed by the wife in respect of Mat.Appeal No.556/2010.

(2.) O .P.No.574/2007 is filed before the Family Court by the appellant/husband seeking dissolution of his marriage with the respondent on the ground of cruelty (the ground under Section 13(1) (ia)) of the Hindu Marriage Act.

(3.) SUBSTANCE of the pleadings of the husband in O.P.No.574/07 was that the husband is a medical graduate specialized in Anesthesia and in the wed lock the parties have two children, a girl and boy. The wife made life miserable for him at Mysore where the couple resided after the marriage as the husband was doing diploma in Anesthesia at that time. After completion of the course at Mysore and a training programme in Bangalore, the husband joined a hospital at Ottappalam and the wife joined him in a rented house at Ottappalam after the delivery of the first child. The wife made life miserable for the husband at Ottappalam too. Hence, the husband shifted his practice to Ernakulam. The wife joined him after some time but she continued to be cruel towards him. The second child was born during such stay. Left with no other option, the husband filed original petition 159/97 for divorce in the Sub Court, Palakkad. The issue was mediated and a settlement arrived and hence the husband withdrew O.P.No.159/97. After re-union the parties with their children resided at Ernakulam. The husband constructed a house and the family shifted to that house. The respondent/wife continued to be, as before, creating problems. The wife broke the husband's mental peace. She did not care to cook food. She did not attend on the children. Petitioner had to bring his mother for house management. The couple now stay in one house but separately. The husband and the children and his mother occupy the upstairs. The wife stays in the ground floor. She prepared food for herself in a separate kitchen since 2004. She has no love and affection towards the children. She is not interested in the upbringing of the children. She even instigated the children to commit suicide. She did so to have her sadistic desire to defeat her husband. The daughter wrote a suicide note as forced by her mother. The boy attempted to commit suicide by hanging as inspired by the words of his mother. Though residing under the same roof, the wife occupies a separate room and never talks to the husband. She filed a false complaint against the husband before the Women's Cell, Ernakulam alleging harassment. Another complaint of similar nature was submitted by her to the Sub-Inspector of Ernakulam South Police Station.