ANILKUMAR V.K. Vs. SUNILA P.

JUDGEMENT

(1.) In this appeal, the appellant/husband calls in question the judgment and decree of the Family Court, Ettumanoor which dismissed his petition seeking divorce filed on the ground of cruelty and desertion.

(2.) The parties shall be referred to as petitioner and respondent as referred to in the Original Petition.

(3.) The averments in the petition in brief are as under. The marriage of the petitioner with the respondent was solemnised on 4/2/2005 as per the Hindu religious rites and ceremonies. During the period of marriage, the petitioner was employed at Qatar. As it was not possible for him to get a family VISA, he was not in a position to take the respondent also to Qatar. But the respondent/wife was unhappy about petitioner's inability to take her to Qatar and used to quarrel with the petitioner on that ground by alleging that she was misguided by the petitioner and his family to believe that she would be taken to his workplace in Qatar on family VISA. After the marriage, the respondent was not ready to stay at the house of the petitioner along with his parents. Whenever she visited the matrimonial home, she used to pick up quarrels with the relatives of the petitioner. When the petitioner came on leave, he used to stay with the respondent at her house, but she used to neglect him and used to pick up quarrels with him. She even refused to have sexual relationship with him. For the past five years, the respondent is residing separately and in spite of repeated requests, she has not cared to come and reside with the petitioner and thus there is physical and mental cruelty and therefore, petitioner seeks divorce on the ground of desertion and cruelty.