Dismissed

Anoop P.G v. Sandhya

Kerala HC7 Aug 2013Mat.Appeal/515/2013

Case brief

AI extract

What is this about?

The High Court of Kerala allowed no appeal against the Family Court’s dismissal of a divorce petition. The Court found the allegations of adultery, cruelty, and mental insanity were not substantiated, as the relevant parties were not impleaded, no evidence was produced, and the documents submitted were insufficient to prove a mental disorder.

What did the court decide?

The appeal against the Family Court’s dismissal of the divorce petition is dismissed.

Anoop P.G Vs Sandhya — Matrimonial and Divorce | Kerala HC (2013)

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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 ANTONY DOMINIC &

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THE HONOURABLE MR. JUSTICE P.D.RAJAN

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WEDNESDAY, THE 7TH DAY OF AUGUST 2013/16TH SRAVANA, 1935

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Mat.Appeal.No. 515 of 2013 (D)

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AGAINST THE ORDER/JUDGMENT IN OP 305/2012 of FAMILY COURT, MUVATTUPUZHA DATED 31-05-2013

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APPELLANT(S)/PETITIONER:

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ANOOP P.G AGED 29 YEARS S/O.GOPI, PADICKAMALIL HOUSE, KAVAKKADU KARA ENANALLOOR VILLAGE, MUVATTUPUZHA TALUK.

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BY ADV. SRI.T.M.RAMAN KARTHA

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RESPONDENT(S)/RESPONDENT:

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SANDHYA,, AGED 27 YEARS D/O.SUKUMARAN, ASHARUKUDIYIL HOUSE, KADAYIRIPPU.P.O EZHIIPPURAM KARA, AIKKARANADU VILLAGE KUNNATHUNAD TALUK.

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THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION ON 07-082013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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ANTONY DOMINIC & P.D.RAJAN, JJ. ======================== Mat. Appeal No. 515 OF 2013

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=======================

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Dated this the 7^th day of August, 2013

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J U D G M E N T

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Antony Dominic, J.

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This appeal is filed against the judgment of the Family Court, Muvattupuzha in OP No. 305/2012. OP was filed by the appellant seeking divorce on the ground of adultery, cruelty and mental insanity.

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As far as the ground of adultery is concerned, not only that the said allegations were not proved, but also the alleged adulterers were not impleaded in the proceedings before the Family Court. For that reason itself, the ground of adultery could not have been considered. This issue is seen discussed by the Family Court in paras 7 to 10 of its judgment.

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As far as the ground of cruelty is concerned, the allegation was that the respondent attempted to commit suicide and that she was not properly looking after his parents. According to the Family Court, there was absolutely no pleadings or evidence to prove any instance of cruelty and the evidence adduced also did not help the appellant in this respect.

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Mat.Appeal No.515/13

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: 2 :

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Similar is the case with the plea of mental insanity. Although Exts.A3 and A4 series were produced, on appreciation of the evidence, the Family Court has arrived at a finding that these documents are insufficient to prove that the respondent has been suffering from mental disorder of such a kind as is required to justify an order of divorce.

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In the light of the above evidence and in the absence of anything which demonstrates the finding of the Family Court to be incorrect, we are not inclined to entertain the appeal.

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Appeal is dismissed.

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Sd/- ANTONY DOMINIC, Judge

Sd/-

P.D.RAJAN, Judge

//True Copy//

PA TO JUDGE

Anoop P.G v. Sandhya

Case brief

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Anoop P.G v. Sandhya

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