The court established that psychological and physical abuse, alongside the suppression of prior marriages, amounts to matrimonial cruelty justifying a decree of divorce under Islamic law.

JUDGMENT

Sophy Thomas, J.

The husband, who is aggrieved by the decree of divorce granted by the Family Court, Kasaragode, in the original petition filed by his wife, is the appellant herein.

2. The respondent/wife filed OP No.33 of 2012 before Family Court, Kasaragode, for a decree of divorce under Section 2 (VIII) (a) of the Dissolution of Muslim Marriage Act , 1939 read with Section 7 (1) (a) a of the Family Courts Act .

3. The facts in brief are as follows. The marriage between the appellant and respondent was solemnised on 01.05.2005 as per Muslim rites and custom. Two children were born in their lawful wedlock. The appellant treated his wife with matrimonial cruelties both mental and physical, and he misused and misappropriated her patrimony. He was an irresponsible man with a paranoic personality. He made malicious and scandalous allegations against the respondent/wife and he even questioned her chastity. He purposefully suppressed the fact that he had married twice before marrying the respondent. He threatened the respondent with a fourth marriage, if she was not ready to heed his demand for money. She went into depression because of the continuous torture from the part of the appellant. In the year 2008, she went back to her paternal home along with her children. On 15.02.2011, he reached her home and locked her in the bedroom and manhandled her mercilessly. She was dragged through the floor and pushed against the showcase and its broken glass pieces pierced into her body and she was treated at KAH Memorial Hospital, Cheruvathoor. A police case was registered against the appellant in connection with that incident. Since it was not possible for her to continue her matrimonial life, with the appellant she filed OP No.33 of 2012, for a decree of divorce on the ground of matrimonial cruelties.

4. The appellant/husband vehemently opposed that petition contending that he never subjected the respondent/wife to any kind of cruelty either physical or mental. According to him, the wife had some illicit relationship with one Mr.Suhail, and the reason for her mental pain was the strained relationship with Sri.Suhail. He would contend that, the respondent/wife was treating him with cruelty, and for the mental trauma, he had to undergo psychiatric treatment at Pariyaram Medical College Hospital since 2009. He admitted that he had married twice before marrying the respondent. But that fact was informed to the respondent and her family members before he married her. His earlier marriages were dissolved by pronouncing Talaq and at the time of marrying the respondent, the earlier marriages were not subsisting.

5. After formulating necessary issues by the Family Court, the parties went on trial. PW1 and RW1 were examined and Exts. B1 to B3 were marked.

6. On analysing the facts and evidence and on appreciating the arguments put forward from either side, the learned Family Court found that the respondent/wife was subjected to matrimonial cruelties both physical and mental by the appellant/husband and so she was eligible to get a decree of divorce under Section 2 (VIII) (a) of the Dissolution of Muslim Marriage Act , 1939, and accordingly their marriage solemnised on 01.05.2005 was dissolved. Aggrieved by the decree of divorce granted by the Family Court, the husband preferred this appeal.

7. Now, we are called upon to answer, is there any illegality, irregularity or impropriety in the impugned judgment, warranting interference by this Court.

8. Heard learned counsel appearing for the appellant/husband and learned counsel appearing for the respondent/wife.

9. PW1-the wife narrated the incidents of matrimonial cruelties both mental and physical she had to suffer at the hands of the appellant. She deposed before court that the appellant was making malicious and scandalous allegations against her and he was even doubting her chastity. There is a plea in the written statement filed by the appellant that the respondent was having an illicit relatio