ANISH JACOB Vs. RINKU JACOB

JUDGEMENT

(1.) This appeal is filed by the respondent in Div.O.P.No.882/2009 on the files of the Family Court, Kottayam at Ettumanoor. The original petition was filed by the respondent herein, wife of the appellant seeking divorce alleging cruelty and desertion.

(2.) The parties got married on 1.5.1999 and a male child was born in the wedlock on 06.12.2001. They started living separately since 30.12.2005. The contention urged by the petitioner/wife was that all along her husband was demanding her to bring patrimony. She had to suffer cruelty at the hands of the husband on account of such demands. Finally, during 2005, she was severely manhandled and she had to leave the matrimonial home. The respondent approached her again and demanded her parents to sell the property which was allotted to her share in the will executed by her parents. Since the same was not complied with, she was meted out with cruelty and she started to live separately. Further she was asked to perform perverted sex against her liking. She also had a case that after 30.12.2005, no attempt had been made by her husband to take her back to the matrimonial home and he had not taken care of her or child's interest in any manner which would amount to desertion for more than 2 years.

(3.) The appellant in his objections denied the allegations. According to him he had not demanded for patrimony nor had asked to sell the property allotted to her. The wife had left the matrimonial home without any valid cause and therefore the petition is liable to be dismissed.