PRIYA SUBRAMANIA Vs. HARI SHANKAR DAS

JUDGEMENT

(1.) This appeal is filed by the respondent in OP No. 1230/2010 challenging judgment dated 30/04/2014 by which the Family Court granted a decree for divorce dissolving the marriage solemnized between the appellant and respondent and dismissing the counter claim filed for restitution of conjugal rights.

(2.) The short facts arising in the matter are as under and the parties are referred to as shown in the original petition unless otherwise stated.

(3.) The marriage between the petitioner / husband and the respondent / wife was solemnized on 07/09/2003. A male child Advaith was born to them on 16/04/2007. Petitioner contended that prior to marriage, respondent projected herself to be a warm and affectionate person with an adjustable nature. But, after marriage, his life became full of miseries on account of her abnormal conduct and behaviour. According to him, she turned into a sluggish, brooding and quarrelsome person bothering the petitioner all the time. Her attitude showed having complexes and over possessiveness. She always had a doubt that the petitioner was getting friendly with females. She was always nagging, criticizing and accusing the petitioner. She used to check all his movements everyday, his e - mail, mobile phone calls, bag, purse, papers and all personal belongings. All the efforts taken by him to lead a proper marital life came in vain. She also alleged that the petitioner was having relationship with other girls in his work place. Petitioner is a Pilot by profession and on account of his nature of work, he requires appropriate rest before a scheduled flight. The respondent used to mindlessly wake him up and demand that they should discuss about his schedule and his interaction with female colleagues. The trauma he suffered, according to him, amounts to mental cruelty. Though he had made all arrangements for a luxurious life by providing sufficient funds to take care of the family, she was not at all happy and was harassing the petitioner. Even the sexual life between them stopped long back. The petitioner also contended that respondent made allegations against him stating that he was having illicit relationship with a Malayali air hostess. On 27/03/2010, she found a SMS sent by the petitioner to the said air hostess regarding his flight schedule. She screamed at him, accused and denigrated him and sought for the roster of the cabin crew and the flight schedule from others working in Air India to examine whether the petitioner and the air hostess were on the same flight. This caused humiliation to the petitioner in front of his colleagues. Attempts were made to engage a counsellor. But, the attitude of the respondent became worse. Even her mother could not prevent her from the attitude which she was showing. He further contended that when an Air India flight crashed in Mangalore airport killing 158 people on 25/02/2010 along with 6 crews, she called him up and told him that she hoped that his flight had crashed. Though the family members came and tried to solve the issues, nothing material happened and her misbehaviour continued. It is further submitted that, on 23/05/2010, she had gone to the extent of depositing condoms in an Air India cover in the apartment letter box and later she herself had taken it in the presence of the petitioner to make accusations on the petitioner openly in the courtyard of the apartment. She even accused him of having sexual intercourse with his colleagues and told him openly at the courtyard. He further narrated an incident by which he was assaulted by his brother - in - law. On the basis of the above allegations, the original petition has been filed stating that the marital relationship had broken down irretrievably and there is no hope for a reunion.