The High Court dismissed an appeal challenging the Family Court's order refusing divorce alleged due to wife's cruelty. The court held that no grounds for divorce on cruelty existed, noting a child's cerebral palsy, and found no need to adopt a different view.
The appeal filed by the husband challenging the dismissal of his divorce application was 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
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE &
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
MONDAY, THE 9TH DAY OF APRIL 2018 / 19TH CHAITHRA, 1940
Mat.Appeal.No. 420 of 2013
AGAINST THE ORDER/JUDGMENT IN OP 478/2011 of FAMILY COURT, KANNUR DATED 08-04-2013
APPELLANT/PETITIONER:-
K.P.SUDHEER, AGED 45 YEARS S/O.M.N.PADMANABHAN NAIR, SREENIVAS, EAST OF MATHILAKAM, MARUTHORVATTAM P.O., CHERTHALA, ALAPPUZHA DISTRICT, NOW RESIDING AT 'SOUGANDHIKAM APARTMENTS', MANA LANE, CHEMBUKKAVU, THRISSUR.
BY ADVS.SRI.S.SHANAVAS KHAN SMT.S.INDU
RESPONDENT/RESPONDENT:-
DR.R.P.NIMA, AGED 39 YEARS D/O.R.PRABHAKARAN, DARSANA, HOUSE NO.4, KRISHNA MENON NAGAR HOUSING COLONY, PALLIKUNNU, KANNUR - 4.
R1 BY ADV. SRI.V.R.KESAVA KAIMAL
THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 09-04-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
A.M.SHAFFIQUE & P.SOMARAJAN, JJ
Mat.A. No. 420 of 2013
JUDGMENT
SHAFFIQUE, J.
This appeal has been filed by the husband/appellant challenging the order passed by the Family Court dismissing application for divorce. In fact the above divorce petition was heard along with an application for restoration of conjugal rights which was allowed by the Family Court. The said order is not under challenge.
Mat.A. No. 420 of 2013
-2-
take a different view after considering the facts and
circumstances involved in the matter.
This appeal is accordingly dismissed.
Sd/- A.M.SHAFFIQUE, JUDGE
Sd/-
P.SOMARAJAN, JUDGE
kp
3 issues framed by the court
Whether the Family Court erred in dismissing the divorce application alleging cruelty by the wife.
Whether birth of a child with cerebral palsy warrants granting divorce on grounds of cruelty.
Whether the appellant should be granted relief given the circumstances of the case.
K.P. Sudheer
Dr. R.P. Nima
A.M. Shaffique
P. Somarajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
