SHYMA.P Vs. PREMKUMAR.N

JUDGEMENT

(1.) O.P. 301/2014 filed by the wife before the Family Court, Thalassery for dissolution of her marriage with the respondent, on the grounds under Sections 13 (1)(i) and Section 13 (1) (i) (a) of the Hindu Marriage Act 1955 (for short the Act), was dismissed on 17.8.2016. Challenging the dismissal, she has filed this Mat. Appeal.

(2.) The respondent did not appear in this appeal despite acceptance of notice and serious contest of the O.P. in the lower court opposing the plea for divorce.

(3.) She was married to the respondent, husband, on 30.1.2002 and there are no issues born out of the wedlock . After the marriage, spouses resided in the house of the respondent and later shifted to the house of the petitioner. Allegation against respondent is that, while residing with her he used to treat her with cruelty, both mentally and physically in various manner. He used to pick up quarrels with her without any rhyme or reasons. So also he used to beat her brutally for no reason whatsoever. There were many occasions when he abused her in filthy language for no good reason. He maintained illicit relationship with a married woman and whenever she questioned his immoral acts, she was beaten up and later deserted. Even after desertion also, he continued to abuse and insult her in filthy language over phone. These are the incidents which the appellant averred in the Original Petition as acts giving rise to the ground of cruelty for obtaining a decree for divorce.