V V PRABHAKARAN Vs. T CHANDRAMATHI

JUDGEMENT

(1.) Against the order dated 06.03.2013 in O.P.No.134/2006 of the Family Court, Kannur, the husband came up with this appeal aggrieved by the order refusing to grant divorce of the marriage.

(2.) The marriage was solemnized as early as on 13.05.1973. There are four issues in the wedlock. Since 1995, they are residing separately and the petition for divorce was filed in the year 2006 alleging cruelty. The Family Court on consideration of evidence and on hearing the parties found that there is no sufficient ground for granting divorce and consequently the application was dismissed, against which this appeal is preferred.

(3.) The original petition was submitted by the petitioner after a long cohabitation with his wife, the respondent herein, more specifically after the expiry of more than 22 years. This would prima facie cast a duty on the court to examine the ground alleged for divorce with its all details so as to find out the existence of elements of cruelty and whether it is sufficient to bring the relationship to an end. The petitioner had given oral evidence as PW1. PW2 to PW14 were examined in support of his case besides the marking of Exhibits A1 to A38. All these persons were examined along with the relevant documents in order to show the misbehaviour of the respondent towards her husband, the petitioner herein, and that he was subjected to continuous mental cruelty challenging his dignity among his friends, relatives, subordinate officers and higher officials. There is no much dispute that the husband/petitioner is living separately from the respondent/wife right from the year 1995. The wife is aged 60 and the petitioner is aged 70 years. There are four issues in the wedlock. They were living as husband and wife for a long period of more than 22 years. It is an admitted case of the respondent that she had preferred a complaint against her husband alleging offence under Section 498A IPC, that too in the year 2003, and a crime was registered as Crime No.379/2003 of Kannapuram Police Station. Subsequently the case was, according to the respondent, settled out of court and herself and her children had given evidence hostile to the prosecution. This would be a factor requires serious consideration as to why they have turned hostile to the criminal case initiated at their instance and whether it was a pressurizing tactics played on the petitioner who was aged more than 70 years. The intention to subject the petitioner with mental cruelty is well evident.