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2013 Supreme(Ker) 311

ANTONY DOMINIC, P.D.RAJAN
K. Sunil Babu – Appellant
Versus
Mariya V. Joy – Respondent


Advocates Appeared:
For the Petitioner:Rajit, Advocate.
For the Respondent:Santheep Ankarath, Advocate.

Judgment :

Antony Dominic, J.

1. Petitioner in O.P.(FC) No.1675/2013 is the husband and the petitioner in O.P.(FC) No.1699 is the wife. Both of them are challenging the order of the Family Court, Thrissur in I.A. No.1798/2012 in O.P. No.880/211. For convenience, we shall refer to the parties as husband and wife and refer to the facts pleaded and documents produced in O.P. No.1699/2013 filed by the wife.

2. O.P. No.880/2011 was filed by the husband seeking a decree for the dissolution of the marriage on the ground that the wife is suffering from unsoundness of mind of incurable nature. In that O.P. the wife filed I.A.No.1798/2012, a copy of which is produced as Ext.P1, under section 36 of the Indian Divorce Act, 1869 (hereinafter referred to as 'Act' for short) claiming alimony of Rs.10,000/- for herself and Rs.7,500/-for the male child. Further she also claimed Rs.25,000/-towards litigation expenses.

According to the wife, her husband is the owner of a restaurant and an auditorium at Cheruthuruthy. It is also stated that his father is a Doctor who has established a full-fledged hospital at Cheruthuruthy and that he is helping his father. According to the wife, husband has a monthly
























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