N. RADHAKRISHNAN Vs. V.L. MINIKUTTY

JUDGEMENT

(1.) THE petitioner in O.P (HMA) No. 15/1996 on the file of the Sub Court, Cherthala, is the appellant in this M.F.A. The appellant as petitioner filed the above original petition for dissolution of his marriage with the respondent under Section 13(1) of the HIndu Marriage Act. The learned Sub Judge, after trial, held that the petitioner/husband has failed to satisfy the court that the respondent was treating the petitioner with mental and physical cruelty and that the respondent has deserted the petitioner and therefore the relief sought for in the petition for dissolution of marriage was denied and the petition was dismissed. Hence this appeal. The parties are referred to as the petitioner and the respondent.

(2.) THE petitioner married the respondent as per the Hindu religious rites on 14.9.1991. They lived as husband and wife at the residence of the husband. The respondent gave birth to a child. According to the petitioner/husband, the respondent was not a dutiful wife, that he was subjected to physical and mental cruelty from his wife, that she attempted to commit suicide by pouring kerosene and set fire to her body and that due to the timely interference of the petitioner, he was able to obstruct her from committing suicide. The petitioner also alleged that his wife had also tried to kill their child by catching hold of the child on his neck and that attempt failed due to his timely resistance. It is also alleged that his wife frequently threatened him that she would commit suicide. According to the petitioner, his life has become miserable due to the disorderly behaviour from the respondent. According to the petitioner, one fine morning the respondent left the residence of the petitioner and went to her parental home and she started continuously residing there with her parents. The petitioner further alleged that it is not possible for him to live with the respondent as husband and wife. On the grounds of cruelty and desertion, the above petition was filed praying for a decree of dissolution of marriage.

(3.) THE trial court recorded the evidence of PWs.1 and 2 and Exts.A1 to A3 on the side of the petitioner/husband and of RW.1 on the side of the respondent. After analysing the evidence on record, the trial court came to the conclusion that the petitioner/husband failed to prove that the respondent was treating the petitioner with cruelty and that she had deserted the petitioner.