M.G. SIVARAMAN Vs. V.JAYA

JUDGEMENT

(1.) The appellant is the petitioner in O.P.321/2009 of the family court, Palakkad. He is the husband of the respondent. He filed the above petition under Section 13(1)(ia) of the Hindu Marriage Act and prayed for a decree dissolving the marriage between them and the respondent on the ground that the respondent has treated him with cruelty. The respondent denied the allegation against her and both parties adduced evidence. After considering the evidence on record the family court dismissed the application on a finding that the petitioner miserably failed to plead and prove the facts constituting cruelty as envisaged under Section 13(1) (ia) of the Hindu Marriage Act. The legality and correctness of the findings whereby the family court dismissed the aforesaid original petition are assailed in this appeal.

(2.) The case of the petitioner in short is as follows: The marriage between the petitioner and the respondent was solemnized on 27.12.1987 and two daughters were born out of the said wedlock. The petitioner is working at Thiruvananthapuram and the respondent is working as a teacher. In the year 2004, they started to reside in a new house put up in the property purchased by the petitioner by availing loan. During September, 2006 onwards, there was a considerable change in the behaviour of the respondent. The elder daughter had fallen in love with one Brijesh and on enquiry it was informed that he was not a person of good character and has no permanent income or education. Hence the petitioner advised the daughter to withdraw from the relationship. But the respondent was not happy with the attitude of the petitioner and she supported the love affair of the daughter and behaved badly towards the petitioner on the said reason. During that period, phone bills were excessive due to the calls of the elder daughter to Brijesh. When calls of the lover coming to the house, the petitioner advised his daughter, but the respondent did not like that and she insulted the petitioner in front of the petitioner. Further she openly declared that she will support the marriage of the daughter with the said Brijesh. Thus from September 2006 onwards, the respondent treated the petitioner with cruelty.

(3.) Eventually the respondent and children refused to talk to him and denied food to him. Physical relationship between the petitioner and the respondent stopped. The respondent threatened to commit suicide. Subsequently, the petitioner became alone in the house as the respondent maintained a hostile attitude to him. Thereafter in December 2007, the respondent filed a complaint before the police alleging cruelty towards her and children. While so in 2008 May, another phone call came stating that his daughter Shikha attempted to commit suicide due to the act of Brijesh. But, the respondent did not inform the same to the petitioner. While so on 3.7.2008, a lawyer's notice was issued to the respondent and for that a reply was sent stating false allegation. In the meantime Brijesh and his family withdrawn from the marriage though engagement was held earlier. Thereafter, the respondent conducted marriage of the daughter without informing the petitioner and daughter was sent to the house of Brijesh. Now the respondent is residing in a rented house at Palapuram along with younger daughter and she refused to talk with him over phone. In short, according to the petitioner, behaviour of the respondent became intolerable. Hence the petitioner filed original petition seeking dissolution of marriage on the ground of cruelty.