GIGI JOHN CHERIAN Vs. SUSY JOHN AND ANOTHER

JUDGEMENT

(1.) This appeal is preferred aggrieved by the decree and judgment in O.P.(Div) No. 73 of 1999 on the file of the Family Court, Kottayam at Ettumanoor. For the sake of convenience, the parties are hereafter referred to in this judgment in accordance with the status in O.P.(Div) No. 73 of 1999 unless otherwise specifically mentioned. The said original petition was filed under Section 10 of the Indian Divorce Act. Husband was the petitioner therein. The ground alleged in the petition was cruelty and adultery. The petition was dismissed. The facts necessary for disposal of this appeal is as follows:

(2.) The first respondent/wife appeared and filed objection denying the allegations. It is the case of the respondent that after the marriage she was residing with the petitioner and it is also the case that mother of the petitioner was very cruel to the respondent. After delivery, she stayed with the appellant at Andhra Pradesh along with the child. Due to the ailment of the child, she even kept the child at her house and went to Andhra Pradesh. While they were on vacation, she along with the child was taken to the house of the petitioner and the child was locked in a room and got a declaration to the effect that she was not willing to stay with him. Due to harassment, she had made a petition to the police and due to compulsion and assurance of the petitioner, it was withdrawn. It is also the case of the respondent that the petitioner was having illicit relationship with one Jomini with whom an agreement was entered on 19.05.1997 at Sub Registry, Rajapuram. The petitioner filed a divorce O.P. before the District Court, Kottayam as 19/97 and when the court was convinced that he had already married, the said petition was withdrawn. The adultery alleged in the petition is also denied.

(3.) The second respondent filed statement denying the allegation of adultery and further stated that he came to know that his wife Jomini entered into an agreement of marriage with the petitioner, later she rescined from it and now Jomini is living with the second respondent.