IMPORTANT POINT
Cruelty in marriage can be established through a course of conduct causing mental agony, and an irretrievable breakdown of marriage justifies divorce.

JUDGMENT :

(Shoba Annamma Eapen, J.)

[Mat.Appeal Nos.1146/2014, 1159/2014]

The wife is the appellant in both the appeals.

Mat.Appeal No.1146 of 2014 and Mat.Appeal No.1159 of 2014 arise from the common judgment in O.P.No.2 of 2013 and O.P.(HMA) No.1 of 2013 on the files of the Family Court, Chavara for recovery of her gold ornaments and cash, and for divorce.

2. For the sake of convenience, the parties are referred to as ‘husband’ and ‘wife’.

3. The marriage between the parties was solemnised on 23.03.1992. Two children were born in their wedlock on 10.09.1994 and 08.02.2003 respectively. According to the wife, at the time of marriage she was given 35 sovereigns of gold ornaments and a sum of Rs.2.5 lakhs as patrimony. She claimed that a gold chain weighing 4 sovereigns and one ring weighing 1 sovereign was given to the husband and one bangle weighing 1 sovereign was given to the husband’s mother, totaling to 6 sovereigns. She alleged that the gold ornaments and patrimony were misappropriated by the husband. She was subjected to cruelty demanding more dowry by the husband and his mother. She alleged that the patrimony of Rs.2.5 Lakhs was misappropriated by the husband for the purpose of renovating the building. She further alleged that out of 10 cents of property belonging to the wife, she was forced to convey 5 cents of property to the husband as a pre- condition for conjugal relationship. She contended that the husband was a drunkard, and became violent when intoxicated and demanded for more dowry. He used to bring his friends to the house and the wife was forced to serve food to them. Thereafter, the husband was sent to gulf by spending Rs.50,000/- by the wife’s father. Later the husband returned from gulf after losing his job. On 20.05.2006, the wife and the children were forcibly thrown out of the matrimonial home and the husband failed to take them back home. Thus the wife filed petitions for divorce, for return of gold ornaments and money and for past and future maintenance.

4. According to the husband, no dowry was demanded by him from the wife’s family. He also denied the entrustment of her assets. He alleged that the wife was having only 20 sovereigns of gold ornaments at the time of marriage and that the gold ornaments were in her own custody. He further contended that since the wife’s brother was in need of money, the husband had parted with Rs.15,000/-, and that is how 5 cents of property was conveyed in his name. He also contended that he renovated the old building in the property by availing loans from the bank. He contended that he did not misappropriate her gold ornaments or money. He submitted that he is still ready and willing to maintain the wife and his children.

5. The Family Court, after appreciation of entire evidence, dismissed O.P.(HMA) No.1 of 2013 and partly allowed O.P.No.2 of 2013 by allowing the wife to recover only 26 sovereigns of gold ornaments and also directed the husband to pay monthly maintenance of Rs.1,000/- to the wife and Rs.1,500/- each to the minor children. Aggrieved by the same, the wife has come up with the appeals.

6. We have heard the learned Counsels on both sides.

7. The evidence in this case consists of Exts.A1 to A5 and Ext.B1 to B10. PW1 – the wife, CPW1 – the husband and CPW2 – Chandradas - Building contractor were also examined.

8. First, we shall consider the appeal against the dismissal of the petition for divorce. The marriage between the parties was solemnised on 23.03.1992 and two children were born in their wedlock in the year 1994 and 2003 respectively. The wife has made allegations of cruelty against the husband including ill-treatment and manhandling. It was alleged that the husband was a drunkard and he used to bring his unethical friends to the matrimonial home and also forced his wife to serve food to them. It was also alleged that the husband was a spendthrift and he had misappropriated her gold ornaments and patrimony of Rs.2.5 Lakhs. Due to the disruption in the marit