MUKTHA K.N. Vs. PRASANNAN

JUDGEMENT

(1.) The above Original Petitions are filed by the petitioner in O.P.(HMA) No. 895 of 2013 on the files of the Family Court, Chavara against the orders passed in various Interlocutory Applications, dated 11.11.2013. Details of the applications will be stated separately hereunder. Since the Original Petitions are closely connected, we propose to dispose of the same through this common judgment.

(2.) Necessary common facts required for disposal of the Original Petitions are as follows:

(3.) Petitioner is the wife of the respondent and they were married on 14.07.2004 at Valiyakulangara temple. Marital discord and disputes arose between the parties which led to the respondent filing O.P.(HMA) No. 264 of 2005 seeking to declare the marriage between the parties null and void. Petitioner herein also filed O.P.(HMA) No. 272 of 2005 seeking to declare the marriage null and void. Both the petitions were filed before the Family Court, Kollam which were later on transferred to the Family Court, Chavara and re -numbered as O.P.(HMA) No. 894 of 2013 and O.P.(HMA) No. 895 of 2013, respectively. The marriage of the petitioner with the respondent is a second marriage and vice -versa also. The averment of the petitioner in the application for dissolution is that the respondent had purposefully evaded to have sexual relationship with the petitioner as he was not having normal male organ to consummate the marriage and that he is an impotent and eunuch. When the said fact became known to the petitioner, the respondent forcefully kept the petitioner in solitary confinement in his house, without allowing her to have any contact with outside world. Thus the petitioner contended that she was subjected to cruelty for over 20 days. Petitioner escaped from the matrimonial home on 15.09.2004 and filed an application seeking to declare the marriage between the petitioner and the respondent null and void.