N. RAJEES Vs. KAVITHA RAJEES

JUDGEMENT

(1.) The appellant filed O.P. (HMA) No. 342 of 2003 before the Family Court, Kollam under Ss. 12(1)(a) and 13 of the Hindu Marriage Act, 1955 ('Act, 1955' for short) to dissolve the marriage on the ground that the respondent wife is impotent and their marriage never consumated. The respondent wife denied the same and it is contended that the allegations are false and that she has not suffered from any disease and she also filed a counter claim for restitution of conjugal right stating that she is ready for re-union and also to discharge her duties towards the petitioner.

(2.) The respondent wife has also fled O.S. No. 380 of 2006 before the Family Court, Kollam seeking compensation and maintenance under Sec. 18 of the Hindu Adoption and Maintenance Act r/w Sec. 7 of the Family Court Act, 1984 inter alia alleging marital torts on the ground that in O.P (HMA) No. 342 of 2003 filed by the appellant husband, he made false, baseless and defamatory allegations that the respondent wife is impotent and suffering from some unknown disease. The respondent wife claimed Rs.10,00,000.00 as compensation and monthly maintenance at the rate of Rs.10,000.00 per month in the said suit.

(3.) As per the common judgment dtd. 24/11/2015 in O.P. (HMA) No. 342 of 2015 and O.S. No. 380 of 2006, the court below dismissed O.P.(HMA) No. 342 of 2003 and allowed the counter claim and also decreed O.S. No. 380 of 2006 allowing the respondent wife to realise Rs.10,00,000.00(Rupees Ten Lakhs only) as compensation and Rs.10,000.00(Rupees Ten Thousand) per month as maintenance and also past maintenance at the rate of Rs.10,000.00 (Rupees Ten Thousand) from 1/11/2003 to 30/10/2006 from the appellant husband and his assets with cost.