K V MINI Vs. V S SHINE

JUDGEMENT

(1.) Shine and Mini. They were man and wife. They had a strained marital relationship. Both went to the family court with a petition each. His was a petition for divorce. The grounds taken were cruelty and mental disorder. Hers was a move for restitution of conjugal rights. The family court consolidated both the petitions for trial. The divorce sought by the husband was decreed on the ground of cruelty. Restitution of conjugal rights claimed by the wife was refused. She is the appellant in both the appeals.

(2.) The marriage between the parties was solemnized on 11.09.1992. To them were born two children. The husband is a photographer working with Mathrubhumi Publications. The wife is employed in KITCO at Ernakulam.

(3.) The contentions of the husband, stated briefly, go as under: His wife was always quarrelsome. She always misbehaved. She often burst out in anger even on trivial matters. She used to make imputations against him of illicit relationship. She used most filthy language. She used to do so in the presence of relatives, friends and neighbours. She alleged and propagated that he had illicit association with a housemaid who was a married woman. The service of the maid had to be terminated as the imputation went unbearable. Even after the termination of service, the wife continued to make such allegations. The issues were mediated. But even thereafter the wife continued to be as she was before. She even propagated that he had illicit relationship with the wife of his friend by name Ashok Kumar. When the wife of Ashok Kumar made a complaint before the police against the gossip propagated by the appellant, the latter was called to the police station. She apologised in writing. It is impossible to live with her.