JUDGMENT

SHOBA ANNAMMA EAPEN, J.

The wife, who lost her case for divorce, is the appellant herein, challenging the order of the Family Court, Kalpetta. She seeks divorce on the grounds of cruelty and constructive desertion under Section 10 (1)(IX) and (X) of the Divorce Act, 1869 .

2. The appellant and the respondent are husband and wife, who were married on 23.02.2003 as per christian religious rites and custom, and a child was born in the wedlock. They lived together as husband and wife till 2008; and since the appellant felt that her life at respondent's house was in danger, on 26.09.2008, the appellant took the child and left for her parental house. During this time, she obtained a decree for maintenance in MC No.52 of 2007 on the file of the Judicial First Class Magistrate–I, Sulthan Bathery, however, no maintenance was paid by the respondent. She also filed OP No.165 of 2010 before the Family Court, Kalpetta, for dissolution of marriage on the grounds of desertion and cruelty.

3. The respondent opposed the petition, contending that he has not treated the appellant with mental or physical cruelty. According to him, the appellant was not willing to stay with him and it is a cooke