SANALKUMAR Vs. ANJU

JUDGEMENT

(1.) THESE appeals are filed against the judgment passed by the Family Court, Thrissur, in O.P. No.1085/2008 and O.P. No.748/2008.

(2.) O .P.No.748/2008 was filed by the wife praying for divorce on the ground of cruelty as provided under Section 13 (1) (1a) of the Hindu Marriage Act. O.P. No.1085/2008 was filed by the husband seeking Restitution of Conjugal Rights under Section 9 of the said Act. Before the Family Court, the husband was examined as PW1 and wife and her mother were examined as RW1 and 2. Exhibits A1 to A6 and B1 to B4 were marked by the parties. Thereafter, the Family Court rendered a common judgment dated 30.06.2011 dismissing both the OPs. It is aggrieved by this judgment, the husband has filed M.A. No. 840/2011 against the dismissal of O.P. No.1085/2008 and the wife has filed M.A. No.258/2012 against the dismissal of O.P. No.748/2008 filed by her.

(3.) AS already stated, the ground urged by the wife for divorce is cruelty as provided under Section 13 (1) (1a) of the Hindu Marriage Act, 1955. The finding of the Family Court is that her allegation regarding the incidents were vague and general in nature and the incident that allegedly occurred on 25.09.2007 was supported by only the interested testimony of RW1 and 2. Therefore, according to the Family Court, except the usual wear and tear of the marital life, there was no proof that the husband was guilty of cruelty justifying an order dissolving the marriage by way of divorce. It is on this reasoning that the Family Court dismissed O.P. No.748/2008 filed by the wife.