IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &

THE HONOURABLE MRS. JUSTICE SOPHY THOMAS WEDNESDAY, THE 16^TH DAY OF FEBRUARY 2022 / 27TH MAGHA, 1943 MAT.APPEAL NO. 1038 OF 2014 AGAINST THE ORDER/JUDGMENT IN OP 518/2012 OF FAMILY COURT, THRISSUR APPELLANT/PETITIONER:

NANDAKUMAR AGED 44 YEARS S/O.THUPRATH VEETTIL VELU, KONATHUKUNNU DESOM, THEKKUMKARA VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT, REP. BY POWER OF ATTORNEY HOLDER ANILKUMAR, S/O.VELU, THUPRATH VEETTIL, KONATHUKUNNU DESOM, THEKKUMKARA VILLAGE, MUKUNDAPURAM TALUK THRISSUR DISTRICT.

BY ADVS.

SRI.P.SANTHOSH (PODUVAL)

SMT.R.RAJITHA SRI.K.D.SREEVISAKH RESPONDENT/RESPONDENT:

BINI W/O.THUPRATH VEETTIL NANDAKUMAR, KONATHUKUNNU DESOM, THEKKUMKARA VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT - 680 306.

BY ADV SMT.P.SAREENA GEORGE THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON

07.02.2022, ALONG WITH Mat.Appeal.1041/2014, THE COURT ON

16.02.2022 DELIVERED THE FOLLOWING:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &

THE HONOURABLE MRS. JUSTICE SOPHY THOMAS WEDNESDAY, THE 16^TH DAY OF FEBRUARY 2022 / 27TH MAGHA, 1943 MAT.APPEAL NO. 1041 OF 2014 AGAINST THE ORDER/JUDGMENT IN OP 1211/2009 OF FAMILY COURT,THRISSUR APPELLANT/PETITIONER:

NANDAKUMAR S/O.THUPRATH VEETTIL VELU, KONATHUKUNNU DESOM, THEKKUMKARA VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. REPRESENTED BY POWER OF ATTORNEY HOLDER ANILKUMAR, AGED 44 YEARS, S/O.VELU, THUPRATH VEETTIL, KONATHUKUNNU DESOM, THEKKUMKARA VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT.

BY ADVS.

SRI.P.SANTHOSH (PODUVAL)

SMT.R.RAJITHA SRI.K.D.SREEVISAKH RESPONDENTS/RESPONDENTS:

1 BINI, AGED 38 YEARS, W/O.THUPRATH VEETTIL NANDAKUMAR,D/O.ENAMAVU MALAYAN KUTTAN KONATHUKUNNU DESOM, THEKKUMKARA VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT,PIN - 680 306.

2 KUTTAN AGED 74 YEARS S/O.ENAMAVU MALAYAN RAMAN, MARATHAKKARA DESOM &

VILLAGE, THRISSUR TALUK, THRISSUR DISTRICT, PIN - 680 306.

BY ADV SMT.P.SAREENA GEORGE THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON

07.02.2022, ALONG WITH Mat.Appeal.1038/2014, THE COURT ON

16.02.2022 DELIVERED THE FOLLOWING:

A.MUHAMED MUSTAQUE &

SOPHY THOMAS, JJ.

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Mat. Appeal Nos.1038 & 1041 of 2014 ---------------------------------------------- Dated this the 16^th day of February, 2022

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 hi