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2013 Supreme(Ker) 502

ANTONY DOMINIC, P.D.RAJAN
M. N. Sabu – Appellant
Versus
M. K. Seena – Respondent


Advocates Appeared:
For the Appellant:K.C. Eldho, Jijo Thomas, S. Suraj, Advocates.
For the Respondent:Mohan Jacob George, Mrs. P.V. Parvathi, Mrs. Reena Thomas, L. Ram Mohan, Advocates.

Judgment :

Antony Dominic, J.

1. These appeals arise from the common order passed by the Family Court, Ernakulam in OP.Nos.495/03, 496/03 and 97/05. Parties to these cases are husband and wife. Therefore, these appeals were heard together and are disposed of by this common judgment.

2. Mat.A.Nos.166/11, 171/11 and 172/11 are filed by the husband and Mat.A.No.153/12 is filed by the wife. Parties are Hindus and their marriage was solemnised on 27.6.1997. In their wedlock, a male child Arjun was born on 18.12.1998. On account of strain in the marital relationship, the wife returned to her parental home and the couple are residing separately since 27.7.2002.

3. OP.495/03 was filed by the husband for appointing him as the guardian of the child and OP.496/03 was also filed by him claiming divorce from the wife. OP.97/05 was filed by the wife for declaring her exclusive title over the scheduled property and also for consequential injunction against the husband restraining him from taking usufructs from the property. Alternatively, she also prayed that 35 cents of land standing in her name be separated by a decree of partition. In OP.97/05, husband raised a counter claim for declaration of






















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