RAJKUMAR NAIR Vs. V. V. JAYA

JUDGEMENT

(1.) The appellant is the petitioner in O.P No. 1147/04 on the files of the Family Court, Thiruvananthapuram (for short 'the Court below'). A common judgment was passed by the Court below in O.P.(HMA) No. 1147/04 and O.P.(G&W) No. 474/06 on 20/04/2007, whereby O P. (HMA) No. 1147/04 was dismissed and O.P.(G&W) No. 474/06 was allowed granting permanent custody of the elder child 'Malavika' to the petitioner. This appeal is directed against the dismissal of O.P.(HMA) No. 1147/04.

(2.) For the sake of convenience, the parties are referred to in this judgment in their original status as in O.P.(HMA) No. 1147/04. The circumstances which necessitated the filing of the original petition and relevant for disposal of this appeal, are reproduced hereunder: The petitioner married the respondent at Guruvayoor Temple on 17/05/1994 as per the hindu religious rites. The respondent belonged to Christian religion at the time of the marriage. The relationship between the petitioner and the respondent was cordial and two children were born in their wedlock. But shortly thereafter, the respondent changed considerably in her attitude towards the petitioner. She became a spendthrift and started showing arrogance in her dealings with the petitioner, despite the extensive support rendered by the latter in developing her personality and career. Meanwhile, the respondent secured a temporary job with 'Asianet' but that did not last long due to her non - compromising conduct. Thereafter, a musical trust namely, "Bhairavi M. D. Ramanathan Trust" was started by her along with five others. The respondent was unsuccessful in pursuing with activities of the trust, and therefore, within a short span of time it came to a standstill. Accordingly, the petitioner, who had spent an amount of Rs.50,000.00 towards the establishment of the above said trust, sustained loss. Thereafter the respondent ventured to form a Health Club namely 'Slim Beauty'. Despite the heavy loss suffered in her previous projects, the petitioner made investment of a huge sum of Rs.3,50,000.00 in the new project. The new venture also turned a futile exercise and therefore the respondent made up her mind to revive her first venture namely "Bhairavi M. D. Ramanathan Musical Trust". The petitioner was reluctant to make any contribution to that project again and therefore the respondent approached some sponsors for help. The petitioner's refusal even to hold presidentship of the trust, made her hysterical and consequently, she attempted to cut her vein in front of her daughter. She even went to the extent of forging the signature of the petitioner for getting her project materialized. Throughout the subsistence of the marital life, the respondent was a non - compromising wife and a non - caring mother respectively, to the petitioner and to the children. Being a spendthrift, she started pledging gold ornaments in secrecy to raise money to meet her needs. She had availed of a sum of Rs.2 lakhs from the Pattom Branch of the State Bank of India, without informing the petitioner and had even gone to the extent of entertaining the Bank Manager at the house, while the petitioner was away at Bombay. The respondent was desirous of being independent, both financially and socially, from her husband and her family. Ultimately, she became a non - trustworthy wife and irresponsible mother. She developed the habit of wandering outside frequently and returning home late night. The petitioner was constrained to take the burden of preparing food for himself and the children. She had always behaved disrespectfully to the petitioner and her in - laws. She even went to the extent of tarnishing the image of the petitioner by making stories linking his name with one among his girl students, who was a member of her health club. On several occasions of quarrel, she had left home even packing up her belongings. There was no cohabitation between the petitioner and the respondent for about an year. The petitioner's mental peace was totally disrupted by the aforesaid conduct of the respondent. The children have been thrown to an atmosphere, which is unpalatable to their growth and personal development due to the temperament and arrogant attitude of the respondent. The petitioner lost concentration in his job. His marital life with the respondent turned to an utter failure. He had lost all his earnings and reputation. He thrived hard to sustain the marital relationship for the sake of the children. But all his endeavors turned a futile exercise due to the non - co - operation of the respondent. His sufferance crossed all the limits and it became intolerable and unbearable for him to continue life with the respondent. Accordingly, the petitioner expressed his desire for a divorce on mutual consent. But to his utter dismay, that also did not work out successfully. The marriage was irretrievably broken on account of the uncompromising behaviour and conduct of the respondent and in the said circumstances, the petitioner was constrained to move O.P.(HMA). No. 1147/04 before the Court below seeking for a decree for dissolution of marriage.

(3.) The respondent, in the written statement filed before the Court below, had denied all the allegations. Several of the contentions raised by her in the written statement, being relevant, are incorporated hereunder: The entire problems between the respondent and the petitioner originated after arrival of her father - in - law from Gulf country and on starting his stay together with them. The out of way relationship of the father - in - law, a widower, with the maid servant had also added to the problems. The petitioner, who was staying with her at the downstairs, later on shifted his residence with the father and the maid servant to upstairs and joined hands with them to harass her. The father of the petitioner had gifted the maid servant with 20 cents of landed property, which is approximately worth Rs.3,50,000.00. All the insults from the petitioner have been suffered by her to sustain her much valued marriage and the welfare of the children. The collusion between the father of the petitioner and the maid servant is the root cause for the legal proceedings initiated by the petitioner against her with a view to evict herself and her children out of the house. The petitioner has no cause of action against her and he is not entitled to get the decree for dissolution of marriage.