ALEYAMMA @ MEENA TOMY Vs. THOMAS @ TOMY K SEBASTIAN

JUDGEMENT

(1.) This appeal is filed by the 1st respondent in O.P.No.158/2008 of the Family Court, Kottayam at Ettumanoor, challenging the judgment by which divorce has been granted against her.

(2.) The 1st respondent herein filed the original petition seeking divorce on the ground of adultery. In the original petition it is stated that the petitioner and the 1st respondent got married on 8.2.1998 as per christian religious rites and ceremonies. A son was born in the wedlock on 27.5.2000. He alleged that 1st respondent eloped with the nd respondent after taking away 20 sovereigns of gold ornaments and Rs.10,000/- kept by the petitioner in his almirah. He contended that she was living in adultery with the 2nd respondent. He filed a police complaint and a crime was registered. The 2nd respondent had sent a lawyer notice threatening that suit will be filed against the petitioner if the police take action against them. The 1st respondent filed O.P.No.46/2008 claiming her share. On the ground aforesaid he sought for divorce. The 1st respondent filed objection. She denied the allegation that she eloped with the 2nd respondent. She contended that the petitioner fabricated the case to evade from the matrimonial offences committed by him.

(3.) The above case was heard along with two other cases. Common evidence was taken. On the side of husband PW1 to PW3 were examined. He relied upon Exts.A1 to A4 series. The respondents did not adduce any evidence. The Family Court had relied upon the oral testimony of PW1 to PW3 and had arrived at a finding that adultery is proved.