This matrimonial appeal challenges the Family Court's dismissal of a divorce petition on grounds of cruelty. The High Court held there was insufficient evidence of cruelty, noting the parties have a child and the petitioner failed to pursue restitution of conjugal rights.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
& THE HONOURABLE MR. JUSTICE P.SOMARAJAN
WEDNESDAY, THE 4TH DAY OF APRIL 2018 / 14TH CHAITHRA, 1940
Mat.Appeal.No. 269 of 2013 (C)
AGAINST THE ORDER IN OP 518/2008 of FAMILY COURT, THRISSUR, DATED 24.12.2012
APPELLANT/PETITIONER : -
AJITH KUMAR C, AGED 45, S/O KRISHNAN NAIR, CHAKYATH HOUSE, PERUVALLUR P.O, MULLASSERY VILLAGE, CHAVAKKAD TALUK.
BY ADVS.SRI.T.A.SHAJI (SR.)
SRI.M.A.ASIF
RESPONDENT/RESPONDENT: -
T.K.LALITHAMBIKA, AGED 40, D/O T.G RUGMINI, THIYYADI HOUSE, CHERUR P.O, THRISSUR TALUK, PIN - 680 008.
BY ADV. SRI.K.S.BABU SMT.N.SUDHA SRI.K.S.GOPI BABU SHANKAR
THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 23-03-2018, THE COURT ON 04-04-2018 DELIVERED THE FOLLOWING:
DMR/-
A.M.SHAFFIQUE & P. SOMARAJAN, JJ.
Mat.Appeal No.269 of 2013 -----------------------------------------------Dated this the 04th day of April, 2018
Somarajan, J.
Appeal against the order dated 24.12.2012 in O.P. No.518/2008 of the Family Court, Thrissur, by the petitioner/husband.
Mat.Appeal No.269 of 2013
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maintaining illicit relationship with other ladies which has resulted in his resignation from the employment in Global Frieght Agencies. On one occasion she slapped on him and she used to pick up quarrel frequently and thereby the petitioner had been subjected to mental and physical cruelty by the respondent/wife and hence the original petition.
3
Mat.Appeal No.269 of 2013
The question why the remedy by way of restitution of conjugal rights has not been exhausted by the petitioner would speak volume, when the ground raised is the alleged denial of conjugal rights. The evidence adduced did not reveal any slapping on the petitioner by the respondent/wife at any point of time. Needless to say that mere differences of opinion between the couple or failure on the part of one of the couple to give proper care to the other in its true sense as husband and wife may not be sufficient to bring the same under the umbrella of cruelty, either mental or physical. The expression 'cruelty' has to be understood having the extent of outweighing the intimacy and confidence in the marital life to the extent of causing danger to the other, if it was permitted to continue. Going by the reasoning given by the lower court based on the involvement of daughter, who used to contact with the petitioner through the mobile phone belonged to the respondent/mother, we are of the view that no sufficient ground which would enable the petitioner to have a divorce on the ground of cruelty, is brought out. On the other hand,
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there is utter failure on the part of the petitioner to show any ground which would satisfy the expression 'cruelty'. Hence, we could not find any merits in the appeal. The appeal deserves only dismissal and we do so.
In the result, appeal is dismissed. No costs.
Sd/-
A.M.SHAFFIQUE (JUDGE)
Sd/-
P. SOMARAJAN (JUDGE)
DMR/-
3 issues framed by the court
Whether the alleged denial of conjugal rights and quarrels by the wife constitute sufficient grounds for dissolution of marriage under cruelty.
Why the remedy by way of restitution of conjugal rights was not exhausted by the petitioner.
Whether mere differences of opinion between the couple amount to cruelty sufficient for divorce.
1 provisions across 1 enactments
Ajith Kumar C
T.K. Lalithambika
A.M. Shafique
P. Somarajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
