P. PANKAJAVALLI Vs. BALAKRISHNAN. A.

JUDGEMENT

(1.) This appeal is preferred against the judgment in O.P.No.159/2005 of Family Court, Manjeri by the wife. The above petition was filed by the husband for divorce under Section 13 (1a) of the Hindu Marriage Act against his wife. The appellant is the wife and the respondent is the husband in this appeal.

(2.) Brief facts are as follows: The marriage between the appellant and the respondent was solemnized on 28 -5 - 1990 as per customary rites and two male children were born in the wedlock. Both parties are working as teachers and in the year 1996, they purchased 10 cents of land in their name and in the year 1998, they started construction of a house in this property. For this purpose, they had availed a loan of 1 1/2 lakhs in 1998 and 1 lakh in 1999. The respondent - husband had availed other loans also for construction of the house. The appellant -wife did not co -operate with the husband for the construction of the house. She found fault with the above act of the husband. Subsequently, the relationship became strained and the wife ill -treated the husband physically and mentally. While continuing this ill -treatment, the husband filed O.P.No.477/2003 before the Family Court, Manjeri for judicial separation. Subsequently, the matter was settled between them. After taking the aforesaid housing loan, the husband paid the loan amount and continued to bear the household expenses. The husband alleged that the wife behaved cruelly towards him. Several petitions were filed before the Police Station. Finally, the husband preferred the above petition.

(3.) In the trial Court, the wife contended that there was no ill -treatment from her side, while residing together as wife and husband. She never found any fault with her husband for the construction of the house. The above O.P.No.477/2003 was filed before the Family Court, Manjeri only to get rid of the wife, but the dispute was settled on the basis of an agreement. After that, they were residing together as husband and wife. Thereafter, the husband committed breach of the agreement and behaved cruelly towards her and children. The husband had taken away the younger child from the school on 30.3.2005 without informing the wife. Moreover, on 31.3.2005, he had removed all household articles from the house, which are jointly belonging to the appellant and the respondent. According to her, there was no mental or physical harassment from her side and there is no ground to allow any relief in the above petition.