P K VIJAYAPPAN NAIR Vs. J AMMINI AMMA

JUDGEMENT

(1.) This appeal is filed against the decree and judgment in H.M.O.P. No. 85 of 1985 on the file of the Sub Court Ernakulam.

(2.) The appellant's case is this: The appellant is the petitioner before the lower Court. His first wife passed away on 31.5.1978. He has three children in that wed-lock. Subsequently, he married the respondent on 2.2.1979. According to him, the relationship between him and the respondent got strained within a week, as the respondent did not like him showing any love and affection to his children. He, therefore, converted his residential building into a girl's hostel and his daughters were put up there. His son was admitted to a boarding school. He and the respondent shifted their residence and even after the said adjustment, the respondent did not change her attitude. According to him, the couple lived together till 15.7.1984, while the respondent would contend that she lived with him peacefully till 17th May, 1985. The appellant sued for a decree of divorce on the ground of cruelty. She denies the allegation of cruelty. According to her, it was the husband who had treated her with cruelty. The Court below dismissed the petition. Hence this appeal.

(3.) According to the appellant, the court below went wrong in finding that there is no cruelty on the part of the respondent, that it has not correctly appreciated the evidence and documents, Exts.A7 and A9, that it failed to consider Exts. A10 to A14 and A16 and that it failed to draw the proper inference from Exts.B1 to B3 series, which showed the improper conduct on the part of the respondent.