This matrimonial appeal challenged the dismissal of a divorce petition on grounds of cruelty and desertion. The High Court found the wife voluntarily deserted the home without carrying children, establishing desertion despite a lack of evidence for cruelty, allowing the divorce.
The marriage between the parties stands dissolved by a decree of divorce.
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
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE A.M.BABU
WEDNESDAY,THE 20TH DAY OF FEBRUARY 2019 / 1ST PHALGUNA, 1940
Mat.Appeal.No. 228 of 2009
AGAINST THE ORDER/JUDGMENT IN OP(DIV) 486/2007 of FAMILY COURT, THIRUVALLA DATED 18-10-2008
APPELLANT/S:
K.S.MATHEW @ ACHENKUNJU,AGED 43 YEARS S/O.THOMAS, KOCHUPARAMPIL HOUSE, MOONNUKALLU,, SEETHATHODU P.O., RANNI, PATHANAMTHITTA.
BY ADVS. SMT.JEENA JOSEPH SRI.G.D.PANICKER
RESPONDENT/S:
VINCY MATHEW,AGED 33 YEARS, D/O THOMAS KURUKAPATHALIL HOUSE, IDATHARA, THEKKEMALA,, VADASSERRIKKARA, RANNY.
BY ADV. SRI.V.PHILIP MATHEW
THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 20.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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Mat.Appeal.No. 228 of 2009
JUDGMENT
A.M.SHAFFIQUE,J.
This appeal has been filed against an order dated 18.10.2008 in OP (DIV) No.486/2007 by which the petition for divorce on the grounds of cruelty and desertion had been dismissed by the Family Court, Thiruvalla. The main contention urged by the petitioner was that he married the respondent on 22.5.1997 as per Christian religious rites and ceremonies. They lived together till 2005. In the meantime, two children were born in the wedlock. According to the petitioner, even while she was living with him she had committed several acts of cruelty and that apart on 12.6.2005 she deserted the petitioner and the children and proceeded to her parental house. Thereafter nothing has been known about her and she has not cared to join the company of the petitioner though several mediations had been done through the church.
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Mat.Appeal.No. 228 of 2009
examined a witness as PW2. Exts A1 and A2 were the documents produced by the petitioner. The Family Court after considering the evidence on record found that a case of cruelty or desertion had not been brought out and accordingly dismissed the petition.
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cause. The appellant is entitled for divorce on the ground of desertion.
The marriage between the petitioner and the respondent shall stand dissolved by a decree of divorce. No costs.
Sd/-
A.M.SHAFFIQUE
JUDGE
Sd/-
A.M.BABU
JUDGE
Sks/20.2.2019
3 issues framed by the court
Whether the wife deserted the matrimonial home voluntarily or was ejected due to cruelty.
Whether the evidence suffices to establish desertion as a ground for divorce.
Whether the Family Court erred in dismissing the divorce petition on facts.
K.S. Mathew @ Achenkunju
Vincy Mathew
A.M. Shaffique
A.M. Babu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
