DILEEP KUMAR Vs. P B MINI

JUDGEMENT

(1.) These appeals are preferred by the husband against the common judgment in O.P.Nos.308 of 2006 and 130 of 2007. O.P.No.308 of 2006 was filed by the wife for divorce on the ground of cruelty and desertion. Mat.A.No.26 of 2009 arises from the judgment in the said original petition. O.P.No.130 of 2007 was filed by the wife for return of money and gold ornaments. Mat.A.No.31 of 2009 arises from the judgment in the said original petition.

(2.) The marriage between the parties was solemnized on 10.5.1992. After the marriage, the spouses had lived in Mumbai where the appellant husband was working. A girl child was born to them. The respondent wife alleged that the appellant herein was alcoholic and was quarrelsome and he was suspicious of the respondent without any reason. It is alleged that he used to lock the respondent in the room when he goes out and manhandled her when she questioned his behaviour. After birth of the child, he continued harassing the respondent and ill treated the child as well. It is contended that the respondent had informed the mother and sister of the appellant and they had taken him for de-addiction treatment. It is alleged that on 19.9.1995, the appellant manhandled the respondent demanding further share in family property and the respondent being unable to endure the harassment had left the matrimonial home on 19.9.1995. Thereafter, the appellant husband refused to look after or inquire about the respondent and child and she was deserted by him.

(3.) In O.P.No.130 of 2007, the material averments were that an amount of Rs.30,000/- was entrusted by the mother of the respondent to the appellant on 26.1.1992 and that the respondent was given 41 sovereigns of gold ornaments at the time of marriage. It is stated that the appellant misappropriated the money and gold ornaments and refused to return the same.