GIGI KURIAKOSE Vs. LIGIMOL MATHEW

JUDGEMENT

(1.) The appellant is the husband of the respondent. He filed O.P.No.5/2011 before the Family Court, Kottayam for dissolution of marriage between the petitioner and the respondent on the ground of cruelty under section 10(1)(x) of the Divorce Act, 1869. The brief facts necessary for disposal of this appeal can be summarized as follows: The marriage between the petitioner and the respondent was solemnized on 29.6.2006 in accordance with the christian religious rites and ceremonies and thereafter they were living together as husband and wife and a son was born in the said wedlock. The petitioner was having some abnormal growth in his brain and he has undergone a brain surgery and is under treatment at the Sree Chithira Thirunal Institute of Medical Sciences, Thiruvananthapuram. He had frequent attacks of epilepsy and the emotional imbalances used to aggravate his mental condition. All these facts were known to the respondent and her family members even before the marriage.

(2.) Soon after the marriage, the behaviour of the respondent towards the petitioner became indifferent. She used to pick up quarrels very often and behaved in a cruel manner towards the petitioner and his family members. She was not ready to obey the petitioner or his parents. She often threatened that she would file cases against the petitioner and his family members.

(3.) On 13.9.2006, the brother of the respondent reached the house of the petitioner along with two goondas in an intoxicated mood and assaulted the petitioner and his family members and physically assaulted his father. Thereafter, they took the respondent along with them and she took all her belongings when she left to her parental home. She was not ready to come back, thereafter. The petitioner was neither informed of about the delivery of the child nor allowed to see the child. She filed O.P.456/2008 for restitution of conjugal rights and obtained a decree in her favour. She had also filed O.P.1187/2008 for return of money and gold ornaments. After obtaining the decree for restitution of conjugal rights, on 26.9.2010, the respondent and the child came back to the house of the petitioner, repenting her earlier acts against him and his family members. He accepted her for the sake of the child. But, the cohabitation resumed on a written agreement, entered into between the petitioner and the respondent and in that agreement, she agreed that the mother and brothers, who were responsible for the earlier quarrels will not enter into the matrimonial home and she will not go to her paternal home. But, after two days, she went back to the same state of mind starting illtreatment towards the petitioner and his family members. Due to the cruel behaviour of the respondent, the petitioner suffered fits several times. At last, on 10.10.2010 she returned to her parental home along with the child, after taking her entire household articles. Thereafter, she filed a criminal complaint under Section 498A of the Indian Penal Code against the petitioner and his family members. Since the petitioner is an epileptic patient, mental stress may cause physical danger. With the above averments, he prayed for a decree, granting dissolution of marriage.