SARITHA P.K. Vs. ASOKAN P.K.

JUDGEMENT

(1.) These Mat. Appeals are directed against the common judgment passed by the Family Court, Ernakulam in OP No.1205/2005 and OP No.1206/2005 respectively filed by the respondent herein. The aforesaid original petitions were filed by the wife by name Saritha against her husband by name Asokan. The parties are referred to as in the original petitions. OP No.1205/2005 was filed by the petitioner under Section 13 (1), (ia) of the Hindu Marriage Act with a prayer to grant a decree dissolving the marriage between the petitioner and the respondent. OP 1206/2005 was filed under Section 7 of the Family Court Act seeking a decree allowing the petitioner to realise 25 sovereigns of gold ornaments or its value and Rs. 65,000/- with interest from the respondent. The averments in the petition are narrated briefly as given below:

(2.) Thus, by continuous torturing of the 1st respondent, the life of the petitioner has became miserable. On 19.08.2002, the 1st respondent left the petitioner in her home by saying her to come back only after getting Rs. 4,00,000/- from her father. But, her parents were unable to give the demand of the 1st respondent. Therefore, she was compelled to remain in parental home. Even after, on 16.04.2003, when the 1st respondent met the petitioner while she was awaiting bus in KSRTC bus stand, Aluva, the 1st respondent created a scene there by making quarrel with her. Thereafter, again on 25.09.2003 also he met the petitioner at the bus stand, caught hold of her, assaulted on her lips and pushed her head against a wall. Further threatened the petitioner that he would kill her by Monday, if Rs. 4,00,000/- was given by her on Sunday. Thus, a total sum of Rs. 65,000/- was given to the 1st respondent on his demand and he is liable to return the said amount and 25 sovereigns of gold ornaments with interest.

(3.) The 1st respondent filed a counter statement, admitting the marriage and denying all other allegations levelled against him in both Original Petitions. He emphatically denied the entrustment of 25 sovereigns of gold ornaments and Rs. 25,000/- in cash. He denied the allegation that he has sold away six bangles of the petitioner on the third day of the marriage. Further, he denied the allegation that Rs. 5,000/- was given to him on 10.02.2002 and Rs. 35,000/- was given to him on his demand on 15.03.2002. The demand of Rs. 4,00,000/- alleged in the petition was also denied by him.