RADHAMONY Vs. SURENDRAN

JUDGEMENT

(1.) These appeals arise out of matrimonial dispute between Radhamony and Surendran. O.P.(HMA).No.1488/2005 has been filed by the husband seeking divorce. O.P.No.705/2005 has been filed by the wife for return of 80 sovereigns of gold ornaments which according to her has been appropriated by her husband after marriage. O.P.No.858/2005 has been filed to declare Ext.A1 document as sham and void. The petitions filed by the wife were dismissed and the divorce petition filed by the husband was allowed against which the wife has filed these appeals.

(2.) The short facts of the case are as under and the parties are described as husband and wife: The parties got married as per Hindu religious rites and ceremonies on 9.9.1991. A girl child was born in the wedlock and at the time of filing of O.P(HMA).No.1488/2005 she was 13 years old. The husband alleged that after the marriage, she was behaving in a cruel manner against him. He was employed abroad and during the relevant time while she was at the matrimonial home she never behaved properly to his parents. She was in greed of money and when ever he came back, she was harassing him like anything. He had even brought her 30 sovereigns of gold ornaments while he cane back initially in the year 1994. Later he heard that she was having illicit relationship with her paramour who is the 2nd respondent in O.P.No.1488/2005. Though several attempts were made by him and even after interference by SNDP Shaka, they continued their relationship and were living together for quite sometime. He also stated that she had gone away form the matrimonial home on 21.8.2002 and when he attempted to see the child, he was manhandled by her relatives for which a complaint has been registered before the police which is under investigation. He therefore sought for divorce alleging cruelty, adultery and desertion.

(3.) The wife denied the allegations. The 2nd respondent in the divorce petition remained ex-parte.