NAMITHA S. NAIR Vs. V. RAVIKANTH

JUDGEMENT

(1.) The appellant, who is the wife of the respondent, is aggrieved by the judgment in O.P. No.479/2016 of the Family Court, Thiruvananthapuram, whereby the Family Court has dismissed the O.P. filed by the appellant seeking for a declaration that she is not the legally wedded wife of the respondent.

(2.) In her Original Petition, the appellant averred that the marriage between the appellant and the respondent was solemnised on 03.02.2010 in accordance with the rituals and customs of their community. The appellant was married earlier and had two children in her first marriage. However, the appellant's first marriage was mutually dissolved. The respondent also had an earlier marriage and at the time of his marriage with the appellant, the appellant was made to believe that his earlier marriage was also dissolved.

(3.) After the marriage of the appellant with the respondent, they lived in Tamil Nadu. Their married life became difficult due to the irresponsible way of life of the respondent. He used to leave home for weeks together. The respondent used to say that his creditors are chasing him. Therefore, they shifted their residence to Thiruvananthapuram. On a desire to purchase a flat at Thiruvananthapuram, the appellant sold her gold ornaments and handed over Rs. 50 lakhs to the respondent. However, the respondent did not purchase flat. Instead, he left to Gulf in June, 2012, planning to start a business there. The appellant was also taken to Gulf in September, 2013. The respondent took trade licence in the name of the appellant and took huge amounts as loan from a number of persons, without the knowledge of the appellant. These amounts were spent for his personal needs. The appellant came to know of this only when creditors and banks initiated action. The appellant was therefore forced to sell her landed properties and gold ornaments to settle the liabilities and to release the respondent from jail.