IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 6TH MARCH 2008 / 16TH PHALGUNA 1929 MFA.No. 1444 of 2001(A) ----------------------------------- OP(HMA).45/1996 of SUB COURT, MAVELIKKARA .................... APPELLANT: PETITIONER ------------------- BHANU, S/O. GOPALAN, LEKSHMI BHAVAN, KANNAMPALLY BHAGOM MURI, KEERIKAD VILLAGE. BY ADV. SRI.K.P.DANDAPANI RESPONDENTS: COUNTER PETITIONERS ---------------------- 1. V.K.SUDHA, D/O. KALYANI, VRINDAVAN, KANDALLOOR NORTH MURI, KANDALLOOR VILLAGE. 2. ANANDAN, PERUVANA PUTHUVAL COLONY, KANDALLOOR SOUTH MURI, ARATTUPUZHA VILLAGE. BY ADV. SRI.V.V.NANDAGOPAL NAMBIAR - R1 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 06/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.HEMA, JJ. -------------------------------------- M.F.A.No.1444 OF 2001 ------------------------------------- Dated 6th March, 2008 JUDGMENT Koshy,J . Appellant approached the Sub Court for divorce under section 13(1) of the Hindu Marriage Act. Appellant married the first respondent on 6.3.1979 as per the rites and customs prevalent in the Hindu Ezhava Community at Sreekrishna Swamy Temple, Evoor. No issues were born in the wedlock. According to the appellant, his wife, first respondent, was having illicit relationship with others. It is also stated that an attempt to kill the appellant was also done by her friends by inflicting injuries on the neck and left hand of the appellant, that still he is undergoing treatment and that cases are pending. It is the case of the first respondent that appellant used to manhandle and inflict serious injuries on her and he was convicted in a criminal case. Further, disputes arose when the appellant brought other ladies for living with him in their marital house and the appellant had three children out of the other illicit relationship. We are not going into all those disputes in this appeal. They were living apart for more than one and a half decades and both have got allegations against each other. Their marriage is irretrievably broken and, therefore, there is no point in continuing the marriage as held by the Apex Court in Naveen Kohli v. Neelu Kohli MFA.1444/2001 2 (AIR 2006 SC 1675) and Famar Ghosh v. Jaya Ghosh ((2007) 4 SCC 511). Therefore, we grant decree of divorce as the marriage was irretrievably broken on the ground of mutual cruelty. It is submitted that maintenance application and petition for return of money and gold ornaments are pending. We are not expressing any opinion regarding the same as evidence has to be adduced in those cases. It is submitted by the appellant that 10 cents of land was purchased and a house was built in their joint names, partly from the dowry received. According to the respondent, the land was purchased and house was built using the money given by her brothers. In any event, it is submitted that appellant will not disturb her possession of 10 cents of property where she is living and he will not make any claim over that property. That is recorded. We allow the appeal and grant divorce on the ground of mutual cruelty without prejudice to the contentions in the other petitions pending. J.B.KOSHY JUDGE K.HEMA JUDGE tks