LIJIMOL.V Vs. K.B.BIJU

JUDGEMENT

(1.) Both these appeals are filed by the common appellant. Mat.A.No.796/2012 arises out of the judgment passed by the Family Court, Alappuzha in O.P.No.164/2010, dismissing the petition for divorce. Mat.A.No.2/2014 arises from the very same common judgment in O.P.No.175/2011, wherein a decree has been passed by the court below directing restitution of conjugal rights.

(2.) The short facts of case are as under and the parties are described as shown in the original petition unless otherwise stated: The parties got married on 28.03.2009 as per Hindu religious rites and ceremonies. According to the petitioner, she was made to believe that the respondent was a Clerk in KSRTC and that he has a family house, a car and a bike of his own at the time of marriage. Her parents gave her 349 grams of gold ornaments and Rs.1,00,000/- as parental share. Her gold ornaments were taken by the respondent, his mother and sister under the pretext that the same will be kept in a locker. Later she came to know that all her gold were misappropriated without her consent or knowledge. That apart she had come to know that the respondent was suspended from service for misappropriation of funds and for not attending the office. He was using a rental car which was not his own. When she questioned, he stated that he will be reinstated within a week. After some time she was threatened and demands were made for more patrimony. She was taken to her Mat.A.Nos.796/2013 and 2/2014 parental house on July 2009. The respondent demanded Rs.25 lakhs to clear of his debts. That apart, when the petitioner became pregnant she had to suffer abortion due to stress and strain of the family life. Respondent also became suspicious and confidentially enquired about her movements to the autorickshaw drivers in the locality.

(3.) The respondent denied the allegations. It is submitted that during marriage he was employed in KSRTC. He denied having appropriated any of her gold ornaments or money. According to him he did not receive any amount and her parents were not financially sound to pay such amount. However, he states that in the register maintained in SNDP Sakha it was endorsed that she had 240 grams of gold ornaments. According to him, she was having custody of her gold ornaments and she had taken away the same when she left the matrimonial home.