MANOJ Vs. SEEMA

JUDGEMENT

(1.) These appeals are filed against the judgment of the Family Court, Kozhikode dated 01.07.2016 in O.P.Nos.709 of 2009 and 648 of 2009.

(2.) O.P.No.709 of 2009 was filed by the appellant/husband seeking divorce under Section 13(1)(i.a) and (iii) of the Hindu Marriage Act (hereinafter referred to as 'the Act'). O.P.No.648 of 2009 was filed by the respondent-wife for restitution of conjugal rights. It is submitted that the marriage of the petitioner and respondent was on 4.5.2003 as per Hindu religious rites. The appellant/husband, who is the petitioner in O.P.No.709 of 2009, alleged that the wife had started exhibiting unusual and strange behaviour even immediately after marriage by refusing any social contacts with the members of his family and showed impulsive behaviour. He contends that he asked the respondent's family about this conduct of the respondent and he was told that it was only due to change of residence. Later on further enquiries he was told by the family of the respondent that the respondent had some mental health issues from childhood onwards and that it was due to interruption in treatment during the marriage and thereafter that the condition had aggravated. It is contended that the petitioner had tolerated the respondent's behaviour and a child was born to them on 12.01.2007. It is stated that thereafter her mental illness got aggravated and she started exhibiting violent and maniac behaviour. The parties were forced to reside at the wife's house due to her incapacity to look after the affairs of the child in a proper manner. It is further stated that when her illness was aggravated the respondent would not allow the petitioner to even go for employment. On 29.3.2009 the mother of the petitioner reached at the house of the respondent to enquire about the well-being of the petitioner and the respondent and family showered abusive words on her and ejected her from the house. When the petitioner told the respondent that their behaviour towards his mother was unwarranted and undesirable, she scolded him and insulted him. At about 11.45 p.m., the petitioner heard some sound and woke up to see the respondent standing with a chopper aiming to cut on his neck. He made hue and cry and pushed her. The family members of the respondent caught hold of her and restrained her. Thereafter the parties have been living separately from 30.03.2009 onwards.

(3.) The respondent-wife denied all allegations of mental illness and cruelty. O.P.No.648 of 2009 was filed seeking restitution of conjugal right. The averment was that the husband and his mother had appropriated all of the wife's gold ornaments weighing about 50 sovereigns and had threatened and ill treated her demanding more money as dowry. The wife had filed M.C.No.215/2004 claiming maintenance, which was allowed granting Rs. 2000/- as maintenance to her. In the said M.C., a mediation was conducted and on the assurance that there would be no ill treatment, the parties had resided together again in a rented house arranged by the wife's father. However, it is alleged that the husband, stating that there is a ghost in the house, refused to live there and they had again shifted residence to the wife's house. A child was born to them on 12.01.2007. Thereafter, it is alleged that the appellant started picking up quarrels with wife. On 29.03.2009, it is alleged that the wife saw a pawn ticket pledging gold ornaments belonging to her mother and the child and she questioned him. The appellant being confronted with this became angry and left the place. A man missing complaint was lodged by the respondent-wife and a paper publication was also effected. It was in the meanwhile that the lawyer notice demanding divorce was sent to her. It is stated that the appellant is living separately from the wife without any sufficient reason and she is willing to live with him. On these pleadings, a decree for restitution of conjugal right was sought.