JAYACHANDRAN KOOZHOTH Vs. LASITHA KRISHNAN

JUDGEMENT

(1.) This appeal is filed against the judgment of the Family Court, Kannur dated 14.09.2009 in O.P.No.778 of 2003. The original petition was filed by the husband seeking a decree of dissolution of the marriage on the grounds of cruelty and desertion.

(2.) The contention in the original petition was to the effect that the appellant and the respondent were married in accordance with Hindu rites and customs on 4.9.1993 They resided together as husband and wife in the petitioner's house at Karivellur till April 1994. During the period, the respondent conceived and she was taken home for delivery during April 1994 and she gave birth to their first child on 7.7.1994. The respondent returned to the matrimonial home and resided there till February 1995. During that period the respondent treated the petitioner and his family members with utmost contempt and hatred. She tried to pick up unnecessary quarrels with them. After the marriage of the younger brother of the petitioner, on 03.03.1995 the petitioner and respondent shifted residence to a rented house at Edat,which is near Payyannur college where the petitioner was working. The respondent conceived again and she was taken to her house for delivery in March 1999. After her delivery she reached the petitioner's family house at Karivellur along with the children in April 2000. However, she continued her arrogant and suspicious behaviour and in August 2000 she left the matrimonial home along with the children without the consent and knowledge of the petitioner. Though the petitioner made repeated attempts to take her back to his house and lead a cordial marital life, the respondent did not give any positive response. But she preferred to live in separation from the petitioner by deserting him without any reasonable cause.

(3.) The respondent filed objections denying the allegations raised in the original petition. The marriage and the birth of the children were admitted but the allegations of misbehaviour, quarrelsome nature and matrimonial cruelty were specifically denied. It was alleged that the petitioner's mother has treated the respondent with extreme cruelty and the petitioner had also subjected her to neglect and mental cruelty. It was stated that no valid grounds were made out for granting a decree of dissolution of marriage. It is stated that she has secured a good employment in a school in Vadakara and the respondent had only wanted that a residence should be arranged which would be convenient to both of them to reach their place of work. She denied any irretrievable breakdown of the marriage and resisted the grant of decree of divorce.