DIVYA P I Vs. SUNOJ VARGHESE

JUDGEMENT

(1.) This appeal is filed by the petitioner in OP No.114/2013 by which the petition for divorce under Section 10(1)(ix) and (x) of the Indian Divorce Act, 1869 was dismissed by the Family Court.

(2.) The short facts involved in the petition reads as under and the parties are referred to as shown in the original petition. The petitioner and the respondent got married on 28/11/2010 as per Christian religious rites and custom. Petitioner contends that at the time of marriage, she was given 20 sovereigns of gold ornaments, '1 lakh and a Maruthi Alto Car. Before the marriage was fixed, there was an understanding that the petitioner would be taken to Saudi Arabia on the 10th day of marriage. She agreed for the marriage believing the said representation as she had completed the Health Authority of Abudabi Course. It is alleged that respondent left for Saudi Arabia in February, 2011 without taking her along with him. He had also taken away 20 sovereigns of gold ornaments and he had appropriated '1 lakh to clear some liabilities. She was also assured that he will provide her with visa as soon as possible. It is contended that after going to Saudi Arabia, respondent did not contact the petitioner and though she attempted to contact him, he never picked up the phone. The respondent resigned his job at Saudi Arabia in May, 2011 stating that he has plans to go to Qattar and came back. But, he did not contact the petitioner. It is alleged that the respondent had also sold the Maruthi Alto car before leaving for Qattar. Alleging that she was treated with cruelty and that the respondent had deserted her, she sought for a decree of divorce.

(3.) Counter statement was filed inter alia denying the allegations. It is stated that the petitioner had only 10 sovereigns of gold ornaments at the time of marriage which is in her possession itself. He denied having appropriated the same. He denied the fact that the vehicle was gifted by the parents of the petitioner. According to him, he purchased the vehicle by arranging a finance which he sold later. He also denied the fact that he had offered to take her to Saudi Arabia immediately. He denied having appropriated any of the amounts as well.