USHA Vs. SATHYARAJAN

JUDGEMENT

(1.) The appellant is the respondent, who suffered a decree granting divorce under Section 13(1)(ia) and (iii) of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act'), in O.P.(HM) No.250 of 2005 filed by the respondent herein before the Family Court, Thodupuzha. This appeal is filed challenging the legality and correctness of the findings, whereby the Family Court passed the decree granting divorce.

(2.) The brief facts of the case in accordance with the pleadings can be summarised as follows:

(3.) The appellant filed objection, denying the allegations of mental and physical cruelty levelled against her. According to her, she was subjected to mental cruelty by the respondent. At the time of marriage proposal, the respondent represented that he was a graduate. But, after the marriage, she came to know that the qualification of the respondent is SSLC only. There was no privacy in the Tharavadu house, when they were living there after the marriage. She denied the allegation that she used to go to the parental house and resided there, without his consent for months. According to her, she went out of the matrimonial home for receiving her unemployment wages from the Panchayat. She denied the allegation of frequent attempt to commit suicide and according to her, she has no kind of mental problem or disorder. On 12.05.2004, the respondent manhandled the appellant and as a result, she sustained injury on her head and she had undergone treatment in Anpu Hospital, Thookupalam. She behaved properly towards in-laws. The mother-in-law also manhandled her many times. They have shifted the residence to the official quarters only and to any rental house. She had committed any mischievous activities there. When they were residing at Peerumedu, she got pregnant and she was taken to the parental house for delivery. She denied the allegation that she has thrown away Thali Chain at the face of the respondent, as alleged in the petition. According to her, the respondent forcibly obtained the Thali Chain from the appellant. On 06.07.2004, when the respondent denied the paternity of the child, there arose a quarrel between them and the respondent manhandled the appellant and she escaped from there with the child. Due to the cruelties and mental agonies, the appellant wrote a suicide slip on 29.11.2004. Immediately, she abandoned that idea. She never became violent or quarrelsome. As the appellant was very weak, she was taken to the parental house by her parents. But, thereafter the respondent has shown any interest for taking her back. He has shown any interest for taking the appellant to a Psychiatrist even though the appellant's father requested for the same. The father of the appellant told the respondent about the advice given by the Doctor that sterilization operation also has to be done along with the second scissorian. Infuriated by the said talk between them, the respondent manhandled his father. After the second delivery, the appellant was taken to the house of the respondent. But, he has talked to the appellant nor has he shown any interest in children. At the time of marriage, the respondent was employed and only the after the marriage the respondent got employment as Excise Guard. The respondent wanted to avoid his marriage with the appellant, with a view to conduct a second marriage, so as to get huge amount and gold ornaments, as he was a Government employee. With the above averments, the appellant prayed for dismissal of the Original Petition.