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2020 Supreme(Ker) 555

A.M.SHAFFIQUE, MARY JOSEPH
Arun R. Naik S/o Mr. V. Ramdas Naik – Appellant
Versus
K. Shwetha Pai D/o Mr. Shanthappa Pai – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri. Devaprasanth P.J.
For the Respondents: Sri. P.A. Harish, Sri. V.V. Surendran.

JUDGMENT :

A.M. SHAFFIQUE, J.

1. This appeal has been filed by the petitioner in O.P. No. 112 of 2011 of Family Court, Kozhikode. The Original Petition had been filed by the petitioner/husband seeking divorce on the ground of cruelty and desertion. The parties belong to Gowda Saraswatha Brahmin community and they got married on 25.02.2003 as per the religious rites and ceremonies of the said community. A female child was born in the wedlock on 30.04.2004. The parties got separated on 25.09.2008. According to the appellant/petitioner, respondent went away from his house along with the minor child.

2. Petitioner contended that the behaviour of the respondent was not congenial to the family atmosphere on account of which he was suffering severe mental agony. Though he tried to adjust his level best, the respondent was not willing to make any adjustments. According to the petitioner, her attitude was that of a sadist and she had spoiled the peaceful atmosphere in the house. He did not derive any sexual pleasure or enjoyment from the respondent. The parents of the petitioner were also residing with them but his wife was not willing to adjust with them and used to pick up quarrels usually.

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