SAJEEV P.R. Vs. SREELATHA C.K.

JUDGEMENT

(1.) These two appeals arise from a common judgment dated 23.9.2009 in O.P.No.203/2009 and 1154/2008 of the Family Court, Kottayam at Ettumanoor. O.P.No.1154/2008 has been filed by the petitioner/husband seeking divorce on the ground of cruelty. O.P.No.203/2009 has been filed by the wife for return of 15 sovereigns of gold ornaments or its value of Rs.1,50,000/- and an amount of Rs.50,000/-. Divorce is rejected and a decree is passed in favour of the wife, for return of gold ornaments and money.

(2.) The short facts of the case are as under and the parties are described as shown in O.P.No.1154/2008 unless otherwise stated. The petitioner and the respondent got married on 28.4.1997 as per Hindu religious rites and ceremonies. It is the case of the petitioner that, immediately after the marriage they started living in a rented house. But the behaviour of the respondent was very cruel towards him. She made his matrimonial life miserable. He alleged that he was conducting a beauty parlour at vaikom. He purchased certain items of property in which the respondent's name was also included as a joint owner. He alleged that she made an attempt to kill him on 24.12.2002 with a knife. She also started filing cases against him. The specific allegation made by the appellant/petitioner was that the respondent with the help of some gundas sent him out of his own house and he is presently residing in a rented house. She filed false complaint to the police as well as Women Cell and also filed petition under the Domestic Violence Act . She also did not allow him to continue his beauty parlour, whereas she is conducting a textiles in the name 'Amma Enterprises'.

(3.) The respondent filed objections inter alia stating that the couple were having intimacy even prior to the marriage. However, she was given Rs.50,000/- and 20 sovereigns of gold ornaments as her share and the petitioner had taken away 15 sovereigns of gold ornaments. She denied that she had quarrelled with him and that she had attempted to kill him and he was thrown out of his house. According to her, she was ready and willing to live with the petitioner.