CHERIYAN KURIAN Vs. LISSY VARGHESE K @ LISSY CHERIYAN

JUDGEMENT

(1.) The appellant and the respondent herein are the petitioner and the respondent respectively in O.P.(Divorce) No.10 of 2007 on the files of the Family Court, Kottayam at Ettumanoor. They are husband and wife respectively. The aforesaid Original Petition was filed by the appellant herein against the respondent for a decree declaring that the marriage between them is null and void or in the alternative to grant a decree for divorce under Sections 10, 10(1)(iii), 10(1) (x) with Sections 18 and 19 of the Divorce Act, 1869 (hereinafter referred to as 'the Act').

(2.) The averments in the petition in brief are as follows: The parties are referred to as in the Original Petition.

(3.) The respondent filed objection, admitting the marital relationship and motherhood of the children. She denied the allegation that she had abnormal behaviour from the very beginning of the marital life and she was suffering from mental illness from 1994 onwards. According to her, the aforesaid allegation is absolutely false and it is a built up story to get the marriage dissolved. While the petitioner was at Dubai, she used to reside in her parental house at Perumbavoor. In the absence of the petitioner, his parents used to treat her with cruelty and they always found fault with the respondent on silly matters and they sent her back to her parental house at Perumbavoor. The parents of the petitioner were in a mood of abandoning the respondent in the absence of the petitioner. They have not allowed her to reside in their house, without their son. Due to the ill-treatment from the part of the parents of the petitioner, the respondent was totally disappointed and became gloomy thinking about her fate. The mother of the petitioner has compulsorily taken the respondent to the hospital alleging that she is suffering from mental illness, though, she had no such illness. Thereafter, the petitioner's mother insisted to took the respondent to C.M.C hospital, Velloore. But, no medicine was prescribed to the respondent, not even a single tablet by the Doctors in C.M.C Hospital. In the absence of the petitioner, the respondent could not resist; but do obey. The petitioner's visit to India became very occasional and each visit was only for few days. The petitioner used to send money to his mother, while she was residing in his house. In the meantime, the elder son was born. Later for the second time also the respondent went abroad for getting conceived and she returned for delivery and gave birth to the second child. According to the respondent, the petitioner's family was a rural agricultural family and all the agricultural affairs were being looked after by the father of the petitioner. Since both the in-laws of the respondent became totally bed-ridden because of the old age ailments etc., the respondent could not manage all the affairs of the family and thereby she was overburdened with the management of the agricultural affairs, all domestic affairs, including nursing of the in-laws. Besides, she had to look after the children. Thus, she was working for the family round the clock. She had no kind of mental illness before the marriage, as alleged by the petitioner and the marriage was solemnized, after appraising all the facts, with the free consent of the petitioner. The respondent was treated nowhere for any illness or unsoundness of mind. The respondent has no mental illness or abnormal behaviour or violent and cruel character. The respondent is residing at the parental house as she was abandoned and deserted by the petitioner. Since the allegations are absolutely false, the petitioner is not entitled to get a decree declaring the marriage null and void or dissolving the marriage on any of the grounds. Hence, she prayed for dismissal of the Original Petition.