The High Court allowed appeals by the appellant against the dismissal of petitions for restitution of conjugal rights and dissolution of marriage. Upholding the Family Court's finding that the wife suffered cruelty and had justifiable reason to leave the home, the court dismissed the appeals.
The appeals were dismissed.
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 ANTONY DOMINIC
&
THE HONOURABLE MR. JUSTICE P.D.RAJAN
WEDNESDAY, THE 7TH DAY OF AUGUST 2013/16TH SRAVANA, 1935
Mat.Appeal.No. 477 of 2013 (F)
AGAINST THE ORDER/JUDGMENT IN OP 424/2010 of FAMILY COURT, KANNUR DATED 8/4/2013
APPELLANT/PETITIONER:
SHYJU P. AGED 33 YEARS, S/O.NARAYANAN, PUTHARIKKAL HOUSE, MYLADATHADAM VILLAGE AZHIKODE PO, KANNUR TALUK, KANNUR DISTRICT
BY ADVS.SRI.M.RAMESH CHANDER (SR.) SRI.ANEESH JOSEPH SMT.DENNIS VARGHESE
RESPONDENT/RESPONDENT:
SUDHA K.K., AGED 29 YEARS, D/O.SASIDHARAN, KATTOOR KOTHILA HOUSE, MANDOR (VIA) PADANNAPPURAM VILLAGE, VILAYANCODE PO, KANNUR TALUK KANNUR DISTRICT 670 501
THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION ON 07-082013, ALONG WITH MA. 500/2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ANTONY DOMINIC & P.D.RAJAN, JJ. ======================== Mat. Appeal Nos. 477 & 500 OF 2013 ===========================
Dated this the 7th day of August, 2013
J U D G M E N T
Antony Dominic, J.
These appeals arise from the common judgment passed by the Family Court, Kannur in OP Nos.424/10 and 435/12. OP No.424/10 was filed by the appellant for restitution of conjugal rights and OP No.435/12 was filed by the appellant for dissolution of marriage on the ground of cruelty and desertion. By the common judgment rendered on 8th of April, 2013, the Family Court dismissed both the OPs. It is aggrieved by this common judgment, the appellant has filed these appeals.
Mat.Appeal Nos.477 & 500/13
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the matrimonial home. It was accepting this evidence, the Family Court held that it was the wife who was suffering cruelty and that she had justifiable reason to leave the matrimonial home. It is on this basis, the Family Court held the husband ineligible for the relief sought for in both the original petitions.
Appeals are accordingly dismissed.
Sd/- ANTONY DOMINIC, Judge
Sd/-
P.D.RAJAN, Judge
Rp
//True Copy//
PA TO JUDGE
1 issue framed by the court
Whether the Family Court's finding that the wife suffered cruelty and had justifiable reason to leave the matrimonial home warrants allowing appeals against the dismissal of petitions for restitution
SHYJU P.
SUDHA K.K.
ANTONY DOMINIC
P.D.RAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
