P.M.ASWATHY Vs. K.G.RAJENDRAN

JUDGEMENT

(1.) This appeal is filed by the petitioner in O.P.No.612 of 2011 on the file of the Family Court, Kottayam at Ettumanoor. The original petition was filed by the appellant seeking divorce on the ground of cruelty and desertion. In the petition, she alleged that they got married on 4.2.2002 and a child was born in the wedlock on 15.1.2003. After she had gone to her parental home for delivery she was not taken back. She also alleged that during the marital relationship she had to suffer severe cruelty at the hands of the petitioner.

(2.) The respondent denied the allegations. According to him, since the respondent does not have necessary financial capacity, the petitioner and her parents decided to avoid him and accordingly she filed the original petition seeking divorce on the ground of cruelty and desertion.

(3.) First we shall consider whether a case of desertion has been made. The marriage between the parties was on 4.2.2002 and a child was born on 15.1.2003. According to the petitioner, she was not taken back to the matrimonial home after the said date. The original petition was filed only in the year 2011. The Family Court, based on the letters written by the petitioner, Exts.B1 and B2, observed that the petitioner is a loving wife and she wanted the respondent to come and live with her. That apart, it was observed that the respondent had a case that they lived together upto 4.8.2006 and taking into account the fact that she always wanted to live with her husband the case of desertion was not made out. It is found that until 2011 she was expecting her husband coming back.