Divorce granted on grounds of cruelty and desertion validated by credible evidence and testimony.

JUDGMENT

M.B.Snehalatha.J Appellant/husband challenges the judgment and decree of divorce granted by the Family Court, Thalassery in O.P.No.1023/2022 filed by the respondent/wife under Section 10 (1)(ix) and (x) for the Divorce Act .

2. The parties shall be referred to by their rank in the Original Petition.

3. The wife filed the Original Petition seeking divorce, stating that her marriage with the respondent was solemnized on 25.4.2019 in accordance with the rites and customs of Christians; that after the marriage, she was residing in the house of the respondent. At the time of marriage, she was given seven sovereigns of gold ornaments and ₹50,000/- as patrimony by her parents. Respondent misappropriated the entire gold ornaments and cash for his own use. Respondent mentally and physically harassed her by alleging that she has not brought enough dowry as expected by him and also by alleging that it was due to her fault, she could not give birth to a child. Respondent also suspected her chastity. On 30.6.2020 respondent assaulted the petitioner and ousted her from the house by demanding more dowry. The petitioner is residing with her parents from 30.6.2020 onwards. Respondent is not providing any maintenance to the petitioner and he has totally neglected her. Respondent deserted the petitioner from 30.6.2020 onwards. Hence she sought for a divorce on the ground of cruelty and desertion. Though in 2021, pursuant to a mediation, the petitioner and respondent filed a joint petition as O.P.No.1052/2021 seeking divorce by mutual consent before the Family Court, Kannur, when the matter came up for evidence, respondent deliberately abstained himself from appearing before the court.

4. Respondent filed counter admitting the marriage. But he denied the allegations of cruelty and desertion levelled against him and the misappropriation of gold ornaments and cash. It was also contended that his consent for filing the earlier joint petition for divorce by mutual consent was obtained by threat and coercion.

5. Petitioner got herself examined as PW1 and Exts.A1 and A2 were marked. Respondent was examined as RW1.

6. By the impugned judgment and decree, the Family Court granted a decree of divorce on the ground of cruelty and desertion.

7. The learned counsel for the appellant would contend that the Family Court granted a decree of divorce without sufficient pleadings or proof regarding the cruelty and desertion; that the Family Court erred in appreciating the evidence; that the Family Court failed to take note of the fact that respondent voluntarily left the matrimonial home on her own volition without any valid cause and therefore he sought for setting aside the judgment and decree of divorce by allowing the appeal.

8. Per contra, the learned counsel for the respondent supported the findings of the Family Court and submitted that the Family Court has analysed the evidence in its correct perspective and there are no reasons to interfere with the impugned judgment and decree.

9. Admittedly, parties are Christians and their marriage was solemnized on 25.4.2019 in accordance with Christian religious rites and ceremonies. Ext.A1 is the copy of the certificate of marriage.

The version of the petitioner, who was examined as PW1, is that subsequent to the marriage, while she was residing along with the respondent at the matrimonial home, respondent mentally and physically harassed her. Her version is that 7 sovereigns of gold ornaments and cash of ₹50,000/- given to her by her parents at the time of her marriage was misappropriated by the respondent and thereafter, he again harassed her demanding more gold ornaments and cash. It is her further version that respondent insulted her by alleging that she is a barren lady and he finds fault with her for not conceiving. She has also testified that the respondent physically assaulted her on 2.5.2020 and on 30.6.2020. Her specific version is that her life at the matrimonial home was miserable. She has also test