JOJO CHACKO Vs. PREETHI JOJO

JUDGEMENT

(1.) The above Mat. Appeals are filed challenging the common judgment dtd. 16/1/2014 in O.P Nos. 16, 20 and 23 of 2013 of the Family Court, Pala.

(2.) The brief facts leading to the case are as follows:-

(3.) The wife denied the allegation of crueltymental and physical. According to her, her parents had spent a substantial amount of money on a computer course for the husband. Thereafter, he was sent to Dubai along with wife's brother-in-law. After the husband got employment in Dubai, the in-laws started harassing her demanding more money. By utilising the amounts given by the wife, the husband purchased several properties in his name, whereas only one property is purchased in the joint names of the husband and wife. While the husband was abroad, the father-inlaw misbehaved and sexually abused the wife. As forced by the husband, the wife constructed a residential building in the property which was in the joint names of the husband and wife, by spending Rs.18,00,000.00 and started residing there. The wife claims to have suffered physical harassment at the hands of her husband's parents. Thereafter, she filed several complaints before the police under Sec. 12 of the Protection of Women from Domestic Violence Act, 2005. The learned Magistrate passed an order restraining the husband and his parents from doing domestic violence against the wife and also restraining them from alienating the properties. Thereafter, settlement was arrived at between the parties and she was forced to execute a document in favour of the husband. The wife attempted to contact the husband over phone, but he refused to talk and the harassment of the in-laws continued. Hence, the wife alleged cruelty by the husband and prayed for the dismissal of the divorce petition.