Dismissed

P.Girija v. Anil Kumar

Kerala HC8 Aug 2018Mat.Appeal/231/2006

Case brief

AI extract

What is this about?

This matrimonial appeal challenged an order dissolving the marriage on grounds of incurable mental illness and mental cruelty. The High Court found no perversity in the lower court's findings and dismissed the appeal, noting the parties had lived separately since shortly after marriage.

What did the court decide?

The appeal is dismissed, upholding the order of divorce granted by the Family Court.

P.Girija Vs Anil Kumar — Matrimonial and Divorce | Kerala HC (2018)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

¶4

¶5

THE HONOURABLE MR. JUSTICE P.SOMARAJAN

¶6

WEDNESDAY, THE 8TH DAY OF AUGUST 2018 / 17TH SRAVANA, 1940

¶7

Mat.Appeal.No. 231 of 2006

¶8

AGAINST THE ORDER DATED 16.2.2006 IN OP NO.693/2001 OF THE FAMILY COURT, KOZHIKODE

¶9

APPELLANT/RESPONDENT:

¶10

P. GIRIJA, D/O. RAMAN NAIR, AYANIKKATTU HOUSE, P.O. MAVOOR, MAVOOR AMSOM, DESOM, KOZHIKODE TALUK.

¶11

BY ADV.SRI.P.V.KUNHIKRISHNAN

¶12

RESPONDENTS/PETITIONER::

¶13

ANIL KUMAR, S/O. GOPALAN NAIR, KOTTUVAYAL HOUSE, THIRUTHIYAD, P.O. PUTHIYARA, KOZHIKODE-4, KALTHUMKUNNU AMSOM, DESOM, KOZHIKODE TALUK.

¶14

RAMAN NAIR, AYANIKKATTU HOUSE, P.O. MAVOOR, MAVOOR AMSOM, DESOM, KOZHIKODE TALUK. (DELETED)

¶15

THE SECOND RESPONDENT IS DELETED FROM THE PARTY ARRAY AT THE RISK OF THE APPELLANT AS PER ORDER DATERDF 1.12.2009 IN I.A.NO.3571/2009

¶16

R1 BY ADV. SMT.C.G.PREETHA

¶17

SRI.M.PRAVEESH

¶18

SRI.P.S.SREEDHARAN PILLAI

¶19

THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 08-08-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶20

A.M.Shaffique & P. Somarajan, JJ.

¶21

---------------------------------------------------Mat. Appeal No.231 of 2006 D ---------------------------------------------------Dated this the 8^th day of August, 2018

¶22

JUDGMENT

¶23

A.M. Shaffique, J.

¶24

This appeal has been filed by the respondent in O.P.No.693 of 2001 on the file of the Family Court, Kozhikode, challenging the order, dated 16.2.2006, by which the petition for divorce has been allowed.

¶25

The first respondent had filed the original petition seeking for divorce on the ground that his wife was suffering from mental illness of such a nature which is incurable and he is not in a position to live with her. He also contended that she was inflicting mental cruelty on him on account of various factors. Despite the objection raised by the appellant, the Family Court allowed the original petition and granted divorce.

¶26

Though it was vehemently argued by the learned counsel for the appellant that there is absolutely no evidence to prove that she was suffering from any mental disorder or that she had inflicted any form of cruelty on the respondent, the Family Court had

¶27

Mat. Appeal No.231 of 2006 D

¶28

:: 2 ::

¶29

proceeded to render a finding against her. It is relevant to note that the court below had come to a definite conclusion that on several occasions she threatened to commit suicide and that she was not interested in continuing the marital life. That apart, they were living separately for more than five years and they separated within 15 days of marriage. When the said factual aspect was considered by the court below based on the evidence on record, in the absence of any perversity in the said finding, we do not think that we will be justified in interfering with the said judgment.

¶30

Now time has further elapsed, and so also their separation. That apart, the learned counsel for the respondent submits that the respondent has re-married.

¶31

Taking into consideration the entire factual situations, we do not think that any ground has been made out for interference. The appeal is, therefore, dismissed.

¶32

sd/A.M. Shaffique Judge

¶33

sd/P. Somarajan Judge

¶34

ahz/

P.Girija v. Anil Kumar

Case brief

What is this about?

What did the court decide?

P.Girija v. Anil Kumar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

P.Seetha Vs K.Malu

Anitha Vs K.Pramarajan

Yoosuf Vs Nani

A.Pushpa Vs Chandran

K.T.Sunil Vs Leesha

Siji S.Nair Vs Sasidharan Nair