ELIZBETH Vs. PHILIP

JUDGEMENT

(1.) This appeal is filed by the respondent in O.P.No.867/2006 of the Family Court, Ernakulam. The original petition was filed by the respondent herein seeking divorce under Sec. 10 (1)(ix) of the Indian Divorce Act. The Family Court by the impugned judgment allowed the original petition and the marriage between the couple has been dissolved.

(2.) The learned counsel for the appellant Smt. Sangeetha Lakshmana argued that the court below committed serious error in granting a decree for divorce. The contention that the appellant has deserted her husband is absolutely baseless. There is no desertion in the strict sense. It is only on account of the fact that she was unable to live with the husband that she left the matrimonial home. When there is valid justification for the wife to remain away from the matrimonial home, the Court below committed serious error in granting divorce in favour of the husband, based on insufficient material on the ground of cruelty.

(3.) On the other hand, the learned counsel appearing for the respondent/husband Sri.K.M Kurian argued that the Court below had considered the entire evidence in the proper perspective and had arrived at a finding based on sufficient materials and there is no reason to interfere. The letters issued by the respondent itself is sufficient material to prove desertion and there is no reason why a different view is taken in the matter.