Dismissed

Pushpi Antony v. Antony K.E.

Kerala HC25 Sept 2018Mat.Appeal/579/2014

Case brief

AI extract

What is this about?

In Matrimonial Appeal No.579 of 2014, the Court dismissed the wife's appeal against a Family Court divorce decree. The lower court found irretrievable breakdown due to willful desertion over seven years and mental cruelty, finding the appellant failed to substantiate cruelty or desertion claims.

What did the court decide?

The matrimonial appeal is dismissed, upholding the divorce decree dissolving the marriage.

Pushpi Antony Vs Antony K.E. — Matrimonial and Divorce | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

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THE HONOURABLE MR.JUSTICE P.SOMARAJAN

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TUESDAY,THE 25TH DAY OF SEPTEMBER 2018/3RD ASWINA, 1940

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Mat.Appeal.No.579 of 2014

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AGAINST THE JUDGMENT DATED 28-02-2014 IN OP NO.1607/2010 of FAMILY COURT,ERNAKULAM.

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APPELLANT/RESPONDENT:

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PUSHPI ANTONY, AGED 47 YEARS W/O.K.E.ANTONY, MALIAKKAL HOUSE, M.A.MATHEW ROAD, PERUMPADAPPU, KOCHI-6, NOW RESIDING AT KOLLASSERY HOUSE, KONAM, PERUMPADAPPU, KOCHI-6.

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BY ADVS. SRI.K.L.JOSEPH SRI.V.NAMADEVA KAMATH

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RESPONDENT/PETITIONER:

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K.E.ANTONY, AGED 55 YEARS,S/O.EASI, KOLLASSERY HOUSE, KONAM, PERUMPADAPPU, KOCHI-6.

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BY ADVS.

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DR.V.N.SANKARJEE SRI.S.SIDHARDHAN

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THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 25.09.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Mat. Appeal No.579 of 2014

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JUDGMENT

Shaffique, J.

This appeal is filed by the respondent/wife in O.P.No.1607 of 2010 on the file of the Family Court, Ernakulam, against the judgment dated 28.2.2014, by which the petition filed by the respondent herein seeking for divorce on the ground of cruelty and desertion had been allowed dissolving the marriage between the parties.

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The short facts are as under and the parties are described as shown in the Original Petition.

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The petitioner and the respondent got married on 17.9.1989 as per the Christian religious rites. A daughter and a son were born in the wedlock. It is

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the contention of the petitioner that he was working abroad from 22.1.1984 to 9.6.2003. He had earned

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considerable wealth during the said period and he had sent more than `40 lakhs to the respondent through NRE account which she has misutilised. He had also given

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Mat. Appeal No.579 of 2014

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her signed blank cheques for approved expenditures.

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According to him, the entire money had been appropriated by the respondent and her brother. The

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above original petition had been filed inter alia contending that after he returned from abroad, his wife left the matrimonial home on 25.9.2004. Before

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leaving the matrimonial home, she was behaving in a cruel manner against him. After leaving the

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matrimonial home, she filed several cases against him for maintenance, recovery of gold ornaments, etc. The respondent in her objection denied the allegation of cruelty. According to her, she had not appropriated any amount sent by the petitioner and whatever amount had been sent were utilized for the business they were conducting. That apart, she complained that she was brutally manhandled by the petitioner.

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Before the Family Court, both parties were

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examined as PW1 and RW1. The petitioner relied on Exts.A1 to A33. After considering the evidence on

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record, the Family Court arrived at a conclusion that

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the petitioner has to suffer mental cruelty and that apart the respondent had deserted the petitioner for

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Mat. Appeal No.579 of 2014

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more than seven years and there is no chance for a

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reunion and the marriage has been irretrievably broken. On that basis, divorce has been granted.

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Learned counsel for the appellant submits that

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there is no evidence to prove any cruelty or desertion as such.

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First we shall consider whether the ground of

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desertion is made out in the case. The Family Court has found that after leaving the matrimonial home in the year 2004 though there was an attempt to resume cohabitation they were living separately for more than seven years. According to the respondent, she had left the matrimonial home since she was treated with cruelty. Though she had made such a claim in the written statement no evidence was adduced in that regard. The Family Court, therefore, came to the conclusion that the respondent could not prove that she had been forced to leave the matrimonial home. Court below had come to the conclusion that there was willful refusal on the part of the respondent in resuming cohabitation. It is taking into account the

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Mat. Appeal No.579 of 2014

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fact that they were residing separately for the last

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more than seven years and the respondent had not taken any steps to come back to the matrimonial home, despite the various attempts, the Family Court had arrived at such a conclusion. While the matter was pending before the court below, she had expressed herself that she was not willing to live with him. It is taking into account the aforesaid factual situation as well and arriving at a conclusion that both the parties are at logger heads, on account of financial issues that had arisen between them, the Family Court had ordered that the marriage between the parties would stand as dissolved. We do not find any ground to interfere with the impugned judgment.

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The matrimonial appeal is, therefore, dismissed.

Sd/

A.M.SHAFFIQUE

JUDGE

Sd/

P.SOMARAJAN

JUDGE

ahz/

Pushpi Antony v. Antony K.E.

Case brief

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Pushpi Antony v. Antony K.E.

Case brief

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