MARY FANCY KALA Vs. SAHAYA RAJ

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed to set aside the award made in I.D.O.P.No.8 of 2018 on the file of the District Judge, Family Court, Kanyakumari at Nagercoil, dated 11.05.2018.

(2.) The appellant / wife is the respondent in I.D.O.P.No.8 of 2018. The respondent / husband filed I.D.O.P.No.429 of 2015 on the file of the District Judge, Family Court, Kanyakumari at Nagercoil, and the same was renumbered as I.D.O.P.No.8 of 2018.

(3.) According to the respondent, he got married on 25.04.2000 at Holy Family Church, Carmel Nager, Nagercoil, as per Christian rites and customs. The respondent is a fisherman and was working in abroad as fisherman at the time of marriage. The respondent and his parents did not demand and receive any dowry and jewelry, as the respondent was earning well and the appellant's family was poor. The respondent has sent his earnings to the appellant and given gold and diamond jewels to the appellant. He has also purchased five cents of lands in the name of appellant, due to love and affection towards the appellant. The respondent found that the appellant was having illicit relationship with her lady neighbor, namely, Jeni and because of her relationship, the attitude of the appellant has changed. The appellant has left on 25.05.2014 from the matrimonial home, when the respondent has requested her not to have relationship with the said Jeni. The respondent gave a complaint to All Women Police Station, Kanyakumari. The respondent took steps personally and through elders for rejoining, but the appellant has refused, hence, he filed a petition for restitution of conjugal rights.