JAMES JOSEPH AND OTHER Vs. REGIN JOSEPH

JUDGEMENT

(1.) Mat. A. No.252/2007 has been filed by the petitioner in O.P.No.326/2003. The original petition has been filed seeking for a declaration that the marriage between the petitioner and the 1st respondent is null and void and in the alternative for a decree for dissolving the marriage between the petitioner and the 1st respondent on the ground of unsoundness of mind and cruelty.

(2.) The parties got married on 17.2.1994. Two children were born in the wedlock. They lived together in petitioner's house till July, 2002 and thereafter on account of strange and cruel behaviour she had gone back to her parental home. The petitioner alleges that his wife was suffering from incurable disease even prior to marriage which continue after marriage and he has suffered severe cruelty at her hands.

(3.) The respondents denied the aforesaid allegations. The Family Court considered the above original petition along with another O.P.No.759 of 2004 filed by the wife/1st respondent herein seeking return of gold ornaments and money.