XXX Vs. XXX

JUDGEMENT

(1.) This case lays bare the searing plight of a woman, forced to endure an unhappy marriage, characterized by violence - both physical and mental.

(2.) The appellant - husband is before us, challenging the judgment of the learned Family Court, Malappuram, which allowed OP No.251/2021- filed by the respondent - wife seeking divorce - finding him to have treated the latter with abject cruelty.

(3.) The respondent, in her pleadings, recounted her misery, stating that her marriage with the appellant was solemnized on 29/1/2006 in accordance with the Christian rites. She says that, though two children were born in their union, she had been continuously treated with cruelty by the appellant and that she had even suffered grievous injuries and wounds in some of those episodes. She says that she was thus pushed to the wall - in a manner of speaking - particularly when she was physically assaulted on 3/12/2012 - which required the Police to intervene and rescue her - compelling her to file a complaint against the appellant as C.C.No.544/2012, which, however, ended in his acquittal because she resiled from her stand solely to protect him, as also his employment as a Higher Secondary School Teacher. She alleged that, however, the situation turned to the worse and that she, therefore, filed an application for divorce against the appellant, numbered as OP No.999/2013; but that it was withdrawn by her under the hortative hope that he would mend his ways.