The undisclosed medical condition of a spouse can constitute grounds for divorce on the basis of cruelty, and the burden of proof regarding the return of gold ornaments lies with the husband.

JUDGMENT

SHOBA ANNAMMA EAPEN, J.

These appeals arise from a common order dated 27.03.2015 in OP No.122 of 2015 and OP No. 162 of 2014 on the file of the Family Court, Vatakara.

2. Since the parties are the same and the disputes arose from the very same cause of action, the appeals are heard together and are being disposed of by this judgment. For the sake of convenience, the parties are referred to as, “husband” and “wife”.

3. Mat. Appeal No.114 of 2017 is filed by the wife challenging the decree of divorce granted to the husband by the Family Court. Mat. Appeal No. 1254 of 2016 is filed by the husband challenging the decree for return of gold ornaments to the wife.

4. The marriage between the parties was solemnized on 23.10.2006. From 2014 onwards, they were living separately. There were no children born to the couple in their wedlock. According to the wife, she was given 101 sovereigns of gold ornaments at the time of marriage and on the third day of marriage, the entire gold ornaments except the “thali chain” were taken by the husband, to be kept in a locker. It is alleged that after a few days of marriage, the husband began to illtreat and torture the wife, claiming that she was ill and incapable of bearing children. Since she did not become pregnant after two years of marriage, the husband used to brutally torture her. It is also alleged that they went to an infertility clinic and the husband was on medication until she was taken by the husband to her parental home in 2014. The wife was always addressed by the husband as insane. Though the wife initiated advances for sexual relationships, the husband was not cooperative. She is not prepared for a dissolution of marriage on mutual consent. After taking her to the parental home in 2014, she filed the original petition for return of gold ornaments since the entire gold ornaments were in the custody of the husband.

5. The husband contended that, immediately after the marriage, he came to know that the wife was suffering from epilepsy and other illnesses. He further contended that, when they were leaving her parental home after marriage, she fell down in the railway station and manifested symptoms of fits and fainted for five minutes. The mother of the wife pacified the husband that it might be due to the stress of leaving the loved ones. However, after reaching the matrimonial home at Chennai, the wife was frequently manifesting symptoms of fits and she used to fall down and faint frequently. Thereafter, the behaviour of the wife towards the husband became strange and cruel; and she ignored the husband and was sitting alone in the room, closing the doors for hours. Subsequently, she was taken to Dr.Geetha Lakshmipathi on 06.11.2006 and the doctor opined that the wife is suffering from seizure disorder and basilar migraine and it is a known case of seizure since the age of seven years. Even thereafter, the wife turned abnormal and violent which necessitated frequent consultations in 2007, 2008, 2012 and 2013. Further, she underwent inpatient treatment at Kumaran Hospital, Chennai, and PVS Hospital, Kozhikode. The husband alleged that the history of seizure was hidden by her family members at the time of marriage. Even then, the husband was affectionate and gave proper and costly treatment to her. She also physically assaulted and harassed the husband in the bedroom. The husband apprehended danger to life in the company of the wife. The husband denied the allegation of entrustment of gold ornaments and contended that she did not have 101 sovereigns of gold ornaments, and whatever gold ornaments she had, including the “thali chain” adorned by the husband, were returned to her at the time of mediation, in the presence of mediators and relatives. She was given six gold chains, a belt, 12 bangles, one ring, necklace etc.

6. The Family Court, after an elaborate consideration of the issues, allowed the original