ABHISHA Vs. POOZHITHURA SURESH

JUDGEMENT

(1.) These appeals have been filed by Abhisha who got married with Poozhithara Suresh, the respondent on 11.6.2008. The appellant had filed a petition for divorce as O.P.No.1125 of 2009. The respondent/husband had filed O.P.No.1117/2009 seeking restitution of conjugal rights. The appellant had also filed O.P.Nos. 460 and 461 of 2011 claiming damages and return of money which is alleged to have been paid to the respondent. All the petitions filed by the appellant had been dismissed by the Family Court and the petition filed by the respondent as O.P.No.1117 of 2009 had been allowed directing restitution of conjugal rights.

(2.) First of all, we shall consider the questions involved in O.P.No.1125 and 1117 of 2009. The parties are described as shown in O.P.No.1125 of 2009, unless otherwise stated.

(3.) The petitioner was an Air Hostess and she got acquainted with the respondent. Their marriage was solemnized on 11.6.2008 as per Hindu religious rites and ceremonies and the marriage was also registered with the Sub Registrar's Office, Mumbai. During the year 2007 they got acquainted and the relationship became a love affair, which ultimately resulted in the marriage. Since the relatives of both the parties were not agreeable for the marriage, the marriage was conducted in the presence of friends. Her contention was that she was not willing to have any sexual relationship with him unless their relatives consents for the marriage. However, her experience with the respondent was not in the manner in which she thought. He started restricting her movements and he became suspicious of the persons with whom she interacted. Even her interaction with superiors and colleagues were viewed suspiciously by the respondent and he had a different story to say. Further she has a contention that despite her objection, he had sexually used her and she became pregnant. The pregnancy was later aborted. She also found that he had misrepresented various facts like his age, qualification and whereabouts. It is in the said circumstance it became difficult to live with him and she started living separately and sought for a divorce.