High Court of Kerala
K. RAMAKRISHNAN, J.
Sheela & Another - Petitioners
Versus
Albert Hemson @ James - Respondent
R.P. (F.C.) No. 323 of 2014
Decided On: 07-01-2015
1. Petitioners in M.C.No.334/2008 of Family Court, Ernakulam are the revision petitioners herein. The application was filed by the revision petitioners who are the wife and daughter of the respondent claiming maintenance under Section 125 of the Code of Criminal Procedure.
2. The case of the petitioners in the petition was that they belong to Christian community and first petitioner married the respondent on 03.01.1995 as per custom from Palayam St.Joseph Cathedral Church, Thiruvananthapuram and in that wedlock, the second petitioner was born on 16.10.1995. At the time of marriage, she was given 65 sovereigns of gold ornaments and Rs.5,00,000/- cash by her parents. At the time of marriage, respondent was working in Gulf in a Kuwait Company and he was working even now there. At the time of marriage, respondent was not having a house of his own. Petitioner was residing with the respondent, his brothers and sisters in the family house of the respondent. The gold ornaments and cash received by the petitioner at the time of her marriage were entrusted with the respondent as a trustee. Out of the gold ornaments, 35 sovereigns of gold ornaments and an amount of Rs.5,00,000/- were utilised by the respondent for meeting the necessities of his brothers and sisters. After the marriage, the respondent and his family members started harassing the petitioner both physically and mentally. Within one month from the date of marriage, she conceived and she gave birth to the second petitioner on 16.10.1995. She delivered the child from her house. After delivery, the petitioners were residing in the tharavadu house of the respondent. When the respondent came on leave from abroad, the family members of the respondent raised so many complaints against the first petitioner and thereafter, their cruelty towards her increased. She was found fault for even trivial matters. The younger brother of the respondent Mr.Jilson came from Gulf after resigning his job. Thereafter, he started sending money to the petitioner through his younger brother and he used to give only meager amounts by way of maintenance to the petitioner that too once in four months. She was not even allowed to go to her family house by the members of the respondent's family. The respondent was showing more love and affection towards his family members than towards the petitioners. He used to come drunk along with his own brother and physically harassed the first petitioner. There were mediation talks at the instance of the brothers of the first petitioner with the respondent and he and his family members agreed that they would not harass her. It was also agreed that by using the share of the respondent, a house could be constructed for the respondent in the family property and brothers of the first petitioner would meet the expenses for construction of the building. They spent Rs.6,00,000/- and constructed a building in the plot given to the respondent. The amount was entrusted to the brother of the respondent for construction of the building. He utilised a portion of the amount for buying a car for him. After completion of the house, they started residing in the newly constructed building. But, the making of false complaints against the first petitioner continued. They even threatened her to do away with her. On 03.12.2006 at about 10 o' clock, the brother of the respondent assaulted the first petitioner by kicking her on her body and manhandled her by beating on several parts of her body. On the next day when she woke up, it was found that she was lying inside a room locked from outside. She was not even allowed to go to hospital. Again, there was a compromise and even thereafter, the ill treatment continued. So, she filed a complaint against the younger brother of respondent before the Judicial First Class Magistrate Court, Ernakulam alleging offence under Section 498A and Section 341 of Indian Penal Code and the same was forwarded to the police under Section 156(3) of Cod
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