IMPORTANT POINT
The irretrievable breakdown of marriage can be equated with cruelty, justifying divorce and the award of alimony based on the financial circumstances of the parties.

JUDGMENT :

SHOBA ANNAMMA EAPEN, J.

Mat.A.Nos.355 of 2017, 538 of 2019 and RP(FC) No. 109 of 2022 are filed by the wife. Mat.A.No.237 of 2019 is by the husband. For the sake of convenience, the parties are hereinafter referred to as the 'husband' and 'the wife'.

2. Mat.A.No. 355 of 2017 is filed by the wife challenging the judgment and decree of divorce granted by the Family Court in O.P(Div). No.95/2015 filed by the husband.

3. Mat.A.No. 538 of 2019 was filed by the wife challenging the order in I.A.No.568/2016 in O.P(Div) No.95/2015 passed by the Family Court awarding permanent alimony of Rupees three lakh against the claim of Rupees five crores.

4. RP(FC) No. 109 of 2022 was filed by the wife challenging the order in M.C.No.37 of 2019 passed by the Family Court, dismissing the claim for monthly maintenance from the husband.

5. The husband has filed Mat.A.No. 237 of 2019 challenging the order dated 31.01.2016 in I.A.No.568/2016 awarding permanent alimony of Rupees three lakhs to the wife.

6. The husband’s case in brief is as follows :-

The marriage between the parties was solemnised on 03.11.2013. On the first day of marriage, he noticed abnormal behaviour on the part of the wife. She reacted for silly reasons and withheld the conjugal relation and the wife used to leave the matrimonial house without any notice. On 19.01.2014, the wife deserted the husband and went to her parental home. The husband realised that it was impossible for him to continue to live with the wife in peace. Hence, he approached the Family Court with the prayer for dissolution of marriage.

7. According to the wife, she always loved the husband, but he treated her with cruelty. She never treated her husband with cruelty and was always ready to discharge her obligations as a wife. Her life was peaceful until 27.11.2013, when she made the discovery of his illicit relationship with another woman. Despite leaving her matrimonial home on 28.11.2013, due to illness, her husband failed to take her back home. On enquiry, she came to know the shocking truth that he had been cohabiting with their maid servant. During December 2013 she went to her matrimonial home, confirmed the above fact and sent away the maid servant. Thereafter, the husband continued quarrelling with her. On 18.01.2014, the husband demanded her to transfer the property belonging to her, threatened her with a revolver, putting her life in danger. On the subsequent day, the husband left her at the bus stand, after which she went home all alone. She has not deserted the husband and the husband is not entitled to get a decree of divorce.

8. The Family Court, on appreciation of evidence and after an elaborate consideration of the issue, granted dissolution of marriage between the parties which was solemnised on 03.11.2013.

9. The wife filed I.A. No. 568 of 2016 in O.P.(Div)No. 95 of 2015 claiming permanent alimony and maintenance. She claimed that the husband is earning an amount of Rs.3,00,000/- per month and also has landed property worth Rs.10 crore and demanded Rs.5 crore as permanent alimony for her livelihood. However, the husband contended that he had only a small business and had the added responsibility of supporting two children from his previous marriage. Also contended that he had no landed property. The Family Court, allowed the application, directing the husband to execute a fixed deposit of Rs.3 Lakh in the name of the wife and also directed to pay Rs.2000/- per month as maintenance to the wife with effect from January 2017. Challenging the same, the wife as well as the husband have come up in appeal.

10. After passing of the orders in O.P(Div) No. 95 of 2015, the wife filed MC No. 37 of 2019 claiming an amount of Rs.15,000/- per month as monthly maintenance. Since, the family Court had already granted monthly maintenance in I.A No. 568 of 2016, the Family Court dismissed the further claim for monthly maintenance.Aggrieved by the same, the wife has come up in appeal.

11. We have heard Sri.S.Jiji,