Negligence in marital duties cannot be mitigated by claims of cruelty without sufficient evidence; mutual responsibility exists in marriage.

J U D G M E N T

Sophy Thomas, J.

These appeals arise out of the common judgment in O.P No.518 of 2012 and O.P No.1211 of 2009 on the files of Family Court, Thrissur. The husband is the appellant in both the appeals and he was the petitioner in the O.Ps also. He filed O.P No.518 of 2012 for divorce against his wife, and O.P. No.1211 of 2009 for recovery of gold ornaments against his wife and father-in-law. Both the O.Ps were dismissed by the Family Court and the impugned order is under challenge.

2. The necessary facts in brief could be stated as follows:

The marriage between the appellant and the respondent was solemnised on 26.01.1997 as per Hindu religious rites and custom, and two children were born in their wedlock. The appellant was employed in Gulf prior to the marriage and even thereafter. The respondent was always insisting to stay with her parents at her paternal house. Whenever she resided at her matrimonial home, she ill-treated the appellant and his mother. She was never an obedient wife and she did not perform her matrimonial obligations. In August 1998, when the appellant came back from Gulf countries, she picked up quarrel with him and returned to her house. On the next day, her brothers and their associates came to the house of the appellant and misbehaved with him. The respondent threatened the appellant with suicide, insisting him to take her to Gulf countries. She wanted to stay separately to avoid his mother. In March 2004, when the appellant came down from Gulf countries, the respondent was staying with her parents at her house. Though he tried to bring her back, her father and brothers insulted him, and even tried to assault him. After a settlement talk, she was brought back to his house, but, there was no change in her attitude. During that period, she became pregnant for the second time. Before he went back to Gulf, her brothers and their goondas threatened him that, if the respondent was not permitted to stay at her paternal house, they will not allow him to go back to Gulf. He was expending money for her treatment, and the money sent by him was misused and misappropriated by her. On 24.08.2004, she left her matrimonial home along with the children, taking away all her belongings including the gold ornaments. He had entrusted gold ornaments such as bangles, rings, bracelet, thali chain etc. with the respondent, and two gold biscuits weighing 233.280 gms with her father which he brought from Gulf. She took those ornaments also with her, when she left her matrimonial home. As it was not possible for him to continue his marital life with the respondent due to her cruel nature, he filed O.P No.518 of 2012 for divorce and O.P No.1211 of 2009 for getting back the gold ornaments or its market value.

3. The respondent/wife opposed the petitions denying all the allegations levelled against her and her family members. In fact, she was ill-treated by the appellant and his family members. After marriage, they stayed together till the appellant went back to Gulf countries. At that time, she became pregnant. She had some gynecological problems and she was asked to take bed rest. But, she was not permitted to take rest at her matrimonial home and so her first pregnancy got aborted. In August 1998, the appellant came back from Gulf and they stayed together for about four months. She became pregnant and the appellant went back in December 1998. She gave birth to her first child on 21.04.1999. The appellant did not come to see the child and his family members also ignored the respondent and her child. He came back only in April 2004, and then she was taken to her matrimonial home and they stayed together. Then also she became pregnant. He went back in July 2004. While staying at her matrimonial home, in August 2004, she suffered bleeding, and as requested by her, her father took her to hospital. On discharge, her father took her to her matrimonial home, but, her in-laws did not permit her to stay there. So her father took