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2013 Supreme(Ker) 348

ANTONY DOMINIC, P.D.RAJAN
N. L. Treasa Bency @ Bency – Appellant
Versus
Preceline George @ Antony Preceline George – Respondent


Advocates Appeared:
For the Appellant:Mrs. K.V. Bhadra Kumari, Advocate.

Judgment :

Antony Dominic, J.

1. These appeals arise from the judgment of the Family Court, Ernakulam in O.P.No.1561 of 2009, 1698 of 2009 and 919 of 2010. Among the appeals, M.A.No.29 of 2013 against the judgment in O.P.No.1698 of 2009, is filed by the husband and the other two appeals are filed by the wife.

2. The marriage between the parties was solemnized on 7.6.2009 and the couple got separated on 27.7.2009. It is thereafter these OPs were filed. The prayer in O.P.1561 of 2009 filed by the husband was for a declaration that his marriage with the respondent wife is a nullity. According to him, facts regarding her ailments were suppressed from him and that his consent was obtained by fraud entitling him for the relief prayed for.

3. In O.P.No.1698 of 2009 filed by the wife, she prayed for return of Rs.15,00,000/- paid to the husband as partimoney and a wedding ring of one sovereign. In O.P.No.919 of 2010 filed by the wife, she sought divorce on the ground of cruelty and non-consummation of marriage. The cases were tried together and on behalf of the husband, himself and two other witnesses were examined as Pws 1 to 3 and on behalf of the wife, herself, her father and three other












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