This appeal filed by the wife challenging the Family Court's order granting divorce to the husband on grounds of cruelty and irretrievable breakdown. The High Court found no grounds for interference and dismissed the appeal.
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 6TH DAY OF AUGUST 2018 / 15TH SRAVANA, 1940
Mat.Appeal.No. 620 of 2012
AGAINST THE ORDER IN OP 680/2011 of FAMILY COURT,KOZHIKODE DATED 02-04-2012
APPELLANT/ RESPONDENT
ANITHA, AGED ABOUT 46 YEARS, D/O VELU VYDYAR,THAVANURCHALIL HOUSE, P.O, KOODATHARI BAZAR, KOZHIKODE 673573
BY ADV.SRI.M.R.ANISON
RESPONDENT(S)/PETITIONER:
K.PREMARAJAN, AGED 51 YEARS, S/O APPUNNI, KALATHILPARA, NEDIYANAD AMSOM DESOM P.O, NARIKKUNI, KOZHIKODE TALUK 673585
R1 BY ADV. SRI.P.S.SREEDHARAN PILLAI
R1 BY ADV. SRI.ARJUN SREEDHAR
THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 02-07-2018, THE COURT ON 6/8/2018 DELIVERED THE FOLLOWING:
A.M. SHAFFIQUE & P.SOMARAJAN, JJ.
========================== Mat.Appeal No. 620 of 2012
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Dated this, the 6th day of August, 2018
J U D G M E N T
Shaffique, J.
This appeal is filed by the respondent in OP No.680/2011 challenging order dated 2/4/2012 of the Family Court Kozhikode by which petition filed by the respondent herein seeking divorce on the ground of cruelty had been allowed.
Mat.Appeal No.620/12
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there with their children. But, still, there was no change in her attitude. Even after the changed circumstances, she was behaving in a rude manner and she never like women coming to their house. Whenever any woman comes, she makes allegations connecting them with the petitioner and she started suspecting the petitioner. On account of her suspicion and ill treatment, he suffered a lot. She also used to go to her parental house without the consent or knowledge of the petitioner and she returned according to her will and pleasure. He purchased a property and constructed a house and shifted their residence. On account of the misdeeds and ill-treatment of the respondent, petitioner has to sell the same as she picked up quarrel with the neighbours. He also narrated a few incidents by which he was physically assaulted.
Mat.Appeal No.620/12
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Mat.Appeal No.620/12
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at the hands of the appellant and the marriage was irretrievably
broken. No grounds had been made out for interference.
Mat.Appeal is therefore dismissed.
Sd/-
A.M. SHAFFIQUE, JUDGE
Sd/-
P.SOMARAJAN, JUDGE
Rp
//True Copy//
PS to Judge
2 issues framed by the court
Whether the Family Court's finding of cruelty and irretrievable breakdown of marriage warrants interference in this appeal.
Whether the appellant's version of events is more credible than the respondent's version.
1 provisions across 1 enactments
Anitha
K. Premarajan
A.M. SHAFFIQUE
P. SOMARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
