VIJAY R. NAIR Vs. LIJITHA

JUDGEMENT

(1.) This Mat. Appeal impugns the judgment dtd. 2/2/2024 of the Family Court, Muvattupuzha in O.P.No.381 of 2021.

(2.) The brief facts necessary for disposal of this Mat. Appeal are as follows:

(3.) It was the further case of the respondent that she had preferred a complaint against the appellant and his mother under Sec. 498A of the Indian Penal Code, and the said case was pending before the Judicial First Class Magistrate Court, Kothamangalam as C.C.No.520 of 2012. She also filed M.C.No.234 of 2011 for maintenance and O.P.No.1498 of 2011 for divorce before the Family Court, Ernakulam. However those cases came to be settled through the intervention of mediators and a compromise agreement was drawn up between the parties. According to her, the appellant did not honour the compromise agreement and refused to pay any amount towards maintenance of the respondent and her child. It was under those circumstances that she was constrained to prefer the present O.P. for a decree of divorce as also for a decree of permanent alimony/maintenance from the appellant.