LAWS(KER)-2018-6-719

SAHIJA T. Vs. AJAYAN. V.

Decided On June 29, 2018
Sahija T. Appellant
V/S
Ajayan. V. Respondents

JUDGEMENT

(1.) This appeal has been filed by the wife, challenging a decree passed by the Family Court in O.P.No.296/2007, by which, a decree of divorce had been granted at the instance of the respondent/petitioner. (Parties are hereinafter referred to as shown in the O.P.)

(2.) The petitioner married the respondent on 16.1.2004 as per Hindu religious rites and ceremonies. A female child was born to them in the wedlock. The petitioner submits that after marriage, they lived together in a proper manner and he went abroad in connection with a job on 28.2.2004. The wife got pregnant while he was abroad. Though he tried to contact her, there was no response. His main contention is that she was not properly behaving with his parents. The child was born on 19.11.2004 and despite the birth of child there was no change in her behavior. According to him, after 3 months of delivery, respondent and the child was taken to the house of the petitioner, but she started quarreling with the family members for silly matters. It is stated that she also ill treated the child without any reason. The parents of the petitioner had informed him about the behavior and attitude of the respondent. Later, her father had come and taken away her and the child to the parental house. He came back on 3.3.2006, however, she was not willing to continue to live with him. He thereafter went back to Gulf on 3.5.2006 and came back on 12.3.2007. Though he went to the house of the respondent to see the child, she did not permit him to do so. At this stage, he was left with no other remedy except to approach this Court for the reliefs as sought for.

(3.) The wife/respondent denied the allegations. According to her, she was ill treated by his parents and she was treated as a house wife. She was asked to do the entire works in the house. The telephone connection to her room was removed and she was unable to speak to any other person. She was ill treated and the parents of the petitioner behaved in a very cruel manner. She denied the allegations raised regarding cruelty. According to her, the approach of the petitioner was that he never contacted her and he never wanted to see their child. She was not taken care of and the petition is filed only for harassing her and the child.