Dismissed

Krishna Sharma v. Suma

Kerala HC26 Jun 2018Mat.Appeal/809/2011

Case brief

AI extract

What is this about?

This matrimonial appeal was filed by the husband against the Family Court's dismissal of a petition for restitution of conjugal rights. The High Court, finding that the respondent was justified in living separately, dismissed the appeal without reconsidering the matter on merits due to the lapse of time.

What did the court decide?

The appeal was dismissed on the basis that the appeal did not require reconsideration on merits due to the justification for separate living and the long time elapsed.

Krishna Sharma Vs Suma — Matrimonial and Divorce | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE & THE HONOURABLE MR. JUSTICE P.SOMARAJAN

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TUESDAY, THE 26TH DAY OF JUNE 2018 / 5TH ASHADHA, 1940

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Mat.Appeal.No. 809 of 2011

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AGAINST THE JUDGMENT IN OP 2/2011 of FAMILY COURT, KASARAGOD DATED 12.08.2011

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APPELLANT/PETITIONER

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KRISHNA SHARMA, AGED 30 YEARS, S/O.LATE PURUSHOTHAMA BHAT, KOLIYOOR PADAVU, ADHINILAYA,KOLIYOOR VILLAGE, P.O.KOLIYOOR, KASARAGOD TALUK AND DISTRICT.

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BY ADV.SRI.S.JIJI

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RESPONDENT/RESPONDENT:

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SUMA, AGED 23 YEARS, D/O DR. RAMAKRISHNA BHAT, DHANWANTHARI NILAYA,BADAJE VILLAGE,, BANTWAL TALUK,P.O,IDKIDU, KARNATAKA STATE.

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BY ADV. SMT.GEETHA P.MENON BY ADV. SRI.P.B.KRISHNAN BY ADV. SRI.P.B.SUBRAMANYAN

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THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 26-06-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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A.M.SHAFFIQUE & P.SOMARAJAN, JJ

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Mat.A. No. 809 of 2011

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Dated this the 26^th day of June, 2018

JUDGMENT

SHAFFIQUE, J.

This appeal has been filed by the appellant/husband challenging the judgment dated 12.08.2011 in O.P.No.2 of 2011 on the file of the Family Court, Kasaragod.

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This original petition was filed for restitution of conjugal rights. It is alleged that the couple got married as per the customary rites on 22.11.2009. Thereafter, they lived together in the matrimonial house. Allegation by the husband/appellant is that during the 1^st week of March, 2010, without his permission, the wife/respondent left the matrimonial house and started living with her parents. Thereafter, she did not return back. Therefore the appellant issued a lawyer's notice and the original petition was filed.

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The respondent/wife contended that she is a

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graduate from the Mangalore University and completed her B.Ed and also Hindi literature. Before marriage, she was working in different schools on temporary basis and she was compelled to resign the job by the husband/appellant. According to her, she was ill-treated by her husband,

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Mat.A. No. 809 of 2011 -2-

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physically and mentally. It is further submitted that the appellant used abusive language and she was left with no other alternative and has field a petition under Section 498A of the IPC which has been numbered as C.C.No.850/2010 pending before the CJM Court, Kasaragod and the original petition is only a counter blast to the complaint filed by her.

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The Family Court after considering the evidence adduced by either parties dismissed the original petition.

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It is now pointed out by the learned counsel for the appellant that they are living separately since then and so far no attempts have been made by both sides, either for a divorce or for a compromise.

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Facts available in the case clearly disclose that, there was justification on the part of the respondent to live separately and that apart on account of the long elapse of time, we do not think it necessary to consider the matter again on merits.

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The appeal is therefore dismissed.

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Sd/- A.M.SHAFFIQUE, JUDGE

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sd/-

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P.SOMARAJAN, JUDGE

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Krishna Sharma v. Suma

Case brief

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Krishna Sharma v. Suma

Case brief

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