SOMAVALLY M R Vs. SREEKUMARA KURUP

JUDGEMENT

(1.) These appeals are filed by the wife of the respondent, Sreekumara Kurup. Mat.Appeal No.1016/2010 has arisen from the judgment in O.P (HMA) No.1356/2005 filed by the respondent for divorce on the ground of adultery and cruelty. The Family Court rejected the contention regarding adultery, but granted divorce on the ground of cruelty.

(2.) Mat.A.No.1018/2010 has been filed by the appellant/wife challenging the judgment in O.P.(O.S) No.673/2006 of the Family Court, Alappuzha by which a claim for return of money and value of gold ornaments have been dismissed. Both the original petitions were heard and decided by a common judgment dated 26/06/2010 and hence these appeals are also heard and decided together.

(3.) The short facts involved in these appeals are as under: The couple got married on 06/07/1988 as per the Hindu Religious Rites and Ceremonies. The allegation raised by the husband was that his wife was living in adultery and she was also involved in committing cruelty against him. In so far as divorce is not granted on the ground of adultery, we do not want to elaborate on the contentions urged in that behalf. As far as the contention regarding cruelty is concerned, the allegation was that on 04/09/2002, during midnight, while the couple and their relatives were sleeping, the appellant set fire to the house. This matter was informed to the Deputy Superintendent of Police, Chengannoor. However, no crime was registered on account of the settlement arrived at between the parties. Further, it is contended that the wife was keeping away from the petitioner and he was not permitted to have any sexual relationship. Again it is contended that on 11/03/2005 while he was laid up due to fever, she tried to inflict injury on him. Further, it is alleged that in the midnight of 14/07/2005, while he was sleeping, she had poured kerosene on him and suddenly he woke up. Her intention was to put him on fire.