BEENA S.S. Vs. SUNDARESAN AND ORS.

JUDGEMENT

(1.) The above appeal is filed by the Respondent against the judgment of the Family Court, Nedumangad in OP No. 574 of 2008 dated 26/09/2012, whereby the Family Court allowed the Original Petition filed by the 1st Respondent herein, seeking dissolution of the marriage on the ground of cruelty. During the pendency of this appeal, 1st Respondent died and consequently additional Respondents 2 to 4 were impleaded by this Court as per its order dated 15/01/2015 and in spite of service of notice, none appeared either personally or through counsel to contest the proceedings. Brief facts required for the disposal of the appeal discernible from the Original Petition are as follows:

(2.) The appellant and the 1st Respondent are Hindus and their marriage was solemnized as per the custom, rituals and ceremonies prevailing in the community on 30/08/2002 at Nirmala Kalyana Mandapam, Kazhakoottam. Thereafter, they resided in the house of the 1st Respondent. According to the 1st respondent, at the time of marriage, the appellant was provided with 35 sovereigns of gold ornaments and Rs. 50,000/ - was given to the 1st Respondent as pocket money, by way of a cheque. The 1st Respondent spent the money for marital expenses and he gave a Thali Chain' to the appellant weighing 3 1/2 sovereigns and he gave a silk saree worth Rs. 7,000/ - on the day of marriage to the appellant. The entire gold ornaments belonging to the appellant were in her custody and 1st Respondent had never any opportunity to handle them.

(3.) It is further contended by the Respondent that after the marriage, the appellant was taken to the family house of the 1st Respondent and they started to live as husband and wife The marital life was not at all happy or a contented one. The appellant started quarrel from the first day of the marriage itself. There was a marriage party at the residence of the 1st Respondent on the date of marriage and the friends and relatives of the 1st Respondent attended the party in the evening. They were all eager to mingle with the appellant, but the appellant stood idle and she behaved like a stranger as if to appear that she was against the party going on there. This kind of behaviour from the part of the appellant gave much mental pain to the 1st Respondent and during the same night when all the visitors left the place, the 1st Respondent when asked about the unmindful attitude of the appellant, the appellant with utmost irritation replied that the 1st Respondent is unnecessarily spending money for conducting party instead of buying a good Thali Chain' or saree for the appellant and this reply given by the appellant gave much mental pain and tension to the 1st Respondent.