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2007 Supreme(Ker) 563

KURIAN JOSEPH, HARUN-UL-RASHID
Shri Kumar. V. Unnithan, Vyttila – Appellant
Versus
Manju K. Nair, Alappuzha District – Respondent


Judgment :-

Harun-Ul-Rashid, J.

The appeal is filed by the husband who is the petitioner in O.P. (HMA) No.699/2005 on the file of the Family court Alappuzha. The appellant has filed a petition under Section 13 of Hindu Marriage Act for dissolution of marriage on the ground of cruelty. The Family court after considering all the aspects in detail, found that the appellant has not succeeded in proving the matrimonial offence of cruelty against the respondent wife as envisaged under Section 13(1)(i-a) of the Hindu Marriage Act and thereby he is not entitled to get the relief of divorce as prayed for. Aggrieved by the impugned judgment the appellant-husband has filed the appeal seeking reversal of the judgment and decree. The parties before this Court are arrayed as petitioner and respondent as in the Original petition for the sake of convenience.

2. The parties to the Original petition are examined as PW1 and RW1 respectively. The petitioner produced Ext.A1 to A3 and the respondent produced Exts.B1 to B18 in support of their pleadings and respective contentions.

3. The facts of the case in brief is as follows:

The petitioner-husband is an engineering graduate in Mechanical Engineering and

















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