AJITHAKUMARI R , Vs. A S SUBHAGAN

JUDGEMENT

(1.) This appeal is filed by the respondent in OP (HMA) No. 184/2006 by which the Family Court by judgment dated 16/12/2009 granted a decree for divorce. The parties are referred to as shown in the original petition.

(2.) The short facts involved in the case would show that the petitioner and respondent got married on 11/9/1990. Allegation raised by the petitioner/husband was that from the very beginning of the marriage, she was picking up quarrels with her inlaws and false complaints were being raised in order to have a separate residence. Ultimately, he constructed a house in 7 cents of land and resided away from the parental house. He further alleges that in the separate residence also, she treated him with cruelty as she used filthy words against him in the presence of strangers. Further she was in the habit of wandering in the neighbouring house and spreading false allegations against the petitioner to his friends, relatives etc. which had tarnished his reputation. It is further contended that on 8/4/2003 at 7 p.m, her father, brothers and some rowdies manhandled him which was silently observed by the respondent without causing any interference. Since the said incident, there was no cohabitation between the spouses and alleging cruelty and permanent desertion, divorce is sought.

(3.) In the objection filed by the respondent/wife she denied all the allegations. According to her, she never quarrelled with him and did not insist for any separate residence whereas he was in the habit of drinking and once he was under the influence of alcohol, he started misbehaving with her and the children. He used to manhandle her by demanding money and gold. He used to pick up quarrels time and often. She also denied having spread any sort of gossip and other information to the neighbours, friends or relatives which has caused any lack of reputation. In regard to incident on 9/4/2003, she contended that the petitioner had come fully drunk and assaulted her severely and thereafter there was no cohabitation between the couple. She filed MC No.16/2008 for maintenance, but so far no amount had been paid.