The Family Court dismissed a nullity of marriage petition and divorce suit as barred by res judicata and lack of desertion grounds. The High Court allowed the appeal on procedural grounds and dismissed the appeal.
The appeal is dismissed without any costs.
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 N.ANIL KUMAR
THURSDAY, THE 19TH DAY OF SEPTEMBER 2019 / 28TH BHADRA, 1941
Mat.Appeal.No.373 OF 2012
AGAINST THE JUDGMENT DATED 30.12.2011 IN OP 613/2009 OF FAMILY COURT, PALAKKAD
APPELLANT/PETITIONER:
1 VIJAYAKUMAR AGED 43 YEARS S/O VELYADUHAN, RESIDING AT VADAKKETHARA, VITHANASSERY, VALLANGI AMSOM, CHITTUR TALUK, PALAKKAD DISTRICT.
BY ADV. SRI.JACOB SEBASTIAN
RESPONDENT/RESPONDENT:
KUNHILAKSHMI, AGED 44 YEARS, D/O CHAMUKUTTAN, MACHATH VEEDU, VITHANASSERY AMSOM, VALLANGI VILLAGE, CHTTUER TALUK, PALAKKAD DISTRICT 678508
R1 BY ADV. SRI.V.A.JOHNSON VARIKKAPPALLIL
THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 19.09.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2
Mat.A.No.373/2012
JUDGMENT
Dated this the 19th day of September 2019
SHAFFIQUE, J
This appeal is filed by the petitioner in O.P.No.613/2009 of the Family Court, Palakkad. The original petition has been filed seeking for a declaration that the marriage between the petitioner/appellant and the respondent/respondent is null and void. The allegation is that the appellant was forcibly taken to the house of the respondent and without conducting any of the customary marriage ceremonies, they were treated as husband and wife. But then claim had been made by the respondent that she is the legally wedded wife of the appellant.
3
Mat.A.No.373/2012
petitioner had abandoned her. In so far as the petitioner had abandoned his wife, he is not entitled for divorce on the ground of desertion as well.
In the said circumstances, the appeal is dismissed without any costs.
Sd/-
A.M.SHAFFIQUE
JUDGE
Sd/-
N.ANIL KUMAR
kp
True copy
JUDGE
P.A. To Judge
2 issues framed by the court
Whether the appeal against the Family Court judgment holding the petition barred by res judicata should be allowed.
Whether the appellant is entitled to divorce on the ground of desertion given the factual findings regarding separation duration.
VIJAYAKUMAR
KUNHILAKSHMI
A.M. SHAFFIQUE
N.ANIL KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
