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. 87 of 2001() ----------------------------- OP.304/1999 of FAMILY COURT,KOZHIKODE .................... APPELLANT: RESPONDENT ------------------- M.A.ASHRAF, AGED 45 YEARS, S/O. KUNHIBI, RAHMANIYA HOUSE, MOOTTOLI P.O.L, VYDIYARANGADI, KAKKODI AMSOM DESOM, KOZHIKODE DISTRCIT. BY ADV. SRI.SUNNY MATHEW RESPONDENT: PETITIONER ----------------------- K.RAMLA, AGED 33 YEARS, D/O.BEERANKOYA, KIZHUVANA HOUSE, NALLALAM P.O., CHERUVANNOOR AMSOM, AREEKKAD, KOZHIKODE DISTRCIT. BY ADV. SRI.P.V.KUNHIKRISHNAN THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 06/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MFA. NO.87/2001 ORDER ON CMP. NO. 730/2001 IN MFA. NO.897/2001 DISMISSED 06.03.2008 SD/- J.B.KOSHY, JUDGE SD/- K.HEMA, JUDGE /TRUE COPY/ P.A. TO JUDGE tss J.B.KOSHY & K.HEMA, JJ. -------------------------------------- M.F.A.No.87 OF 2001 ------------------------------------- Dated 6th March, 2008 JUDGMENT Koshy,J . Appellant and respondent married on 2.12.1979. Respondent approached the Family Court contending that appellant was a drunkard and he used to assault her. It is further contended that appellant was addicted to liquor and ganja and he left the respondent to her house in January, 1996 after assaulting her and taking her ornaments. The allegations were denied by the appellant. According to the appellant, respondent wife went to her house on 1.1.1999 on her own volition. Even then, respondent received maintenance from the appellant. The matter was considered by the Family Court. Only respondent adduced evidence and proved her case. There is no counter evidence. The Family Court came to the conclusion from the evidence adduced in this case that appellant has treated the respondent with cruelty. It is also submitted that the parties are residing apart for more than one and a half decades and the marriage is irretrievably broken. In these circumstances, we see no merit in the appeal. The appeal is dismissed. J.B.KOSHY JUDGE K.HEMA JUDGE tks