BIJINABAL Vs. SUVEESH

JUDGEMENT

(1.) The petitioner in OA.No.627/2012 on the file of the Family Court, Kozhikode is the appellant herein. The appellant had filed the above petition for dissolution of marriage under Section 13(1) (i) and (i.a) of Hindu Marriage Act.

(2.) The short facts which required for consideration regarding the allegation in the petition and counter statement are as follows:

(3.) The 1st respondent entered appearance and filed counter admitting the marriage on 5.3.2007 and living together in his house as husband and wife, but denied other allegations. He denied the allegation of entrustment of gold ornaments as alleged by the petitioner. He denied the allegation that the appellant was insulted and abused by him and ill treated her by demanding more gold ornaments. He had denied the allegation of his illegal intimacy with the 2nd respondent or having any love affair with her prior to the marriage as said to have been disclosed by him with the petitioner. He denied the allegation that he used to come drunk and pick up quarrel with the petitioner and assaulted her. He denied the allegation that on account of the cruelty, the appellant had to leave the matrimonial home on 8.8.2010. He filed OP.No.1189/2010 for restitution of conjugal rights and the same was allowed on 1.7.2011 and in spite of that, she did resume the conjugal relationship with him and she is residing separately without any reasonable cause and the present petition has been filed without any bonafides and he still wanted the company of the petitioner and prayed for dismissal of the application.