VIJAYAN NAIR Vs. THANKAMANI AMMA

JUDGEMENT

(1.) This appeal is preferred by the petitioner against the judgment of the Family Court, Attingal in O.P. No. 1813 of 2013 dated 30.09.2015, whereby the Family Court has dismissed the petition filed by the appellant seeking dissolution of marriage under S. 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955. The Original Petition was initially filed before the Family Court, Thiruvananthapuram as O.P. No. 1302 of 2012, later transferred to the Family Court, Attingal and re -numbered. Earlier, the Family Court had dismissed the petition filed by the appellant as per its judgment dated 31.10.2013, which was subjected to appeal before this Court in Mat. Appeal No. 482 of 2014 and, by judgment dated 28.05.2015 it was remitted back to the Family Court for fresh disposal after providing sufficient opportunity to the parties to adduce evidence. The facts required for the disposal of this Appeal are as follows:

(2.) The appellant and 1st respondent are husband and wife and they got married as per the custom and rituals prevailing in Hindu religion and Nair caste, at "Sree Panimoola Bhagavathy Temple", Pothencode on 23.10.1987. In the marital wedlock, a daughter and son were born during October, 2004 and April, 2009 respectively. The appellant was in the service of the Defence Department, Government of India as Clerk (Control) in the Civil Wing of Indian Army and retired from service on 31.07.1994.

(3.) It is the case of the appellant that he has looked after and maintained his wife and children with utmost love and responsibility, giving them maximum care and protection with special care and interest on the education of his children. While the appellant was in service, he had taken his wife and children along with him in all his places of avocation and they resided together and thereupon he extended maximum care and protection to the respondent and children. It is also the case of the appellant that, the appellant and the respondent led a happy marital life along with the children born in the wedlock.