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2013 Supreme(Ker) 591

ANTONY DOMINIC, P.D.RAJAN
Anitha – Appellant
Versus
Unnikrishnan – Respondent


Advocate Appeared:
For the Appellant:K.V. Sadananda Prabhu, Advocate.
For the Respondent:M.R. Arun Kumar (Caveator), S. Sanal Kumar, M.R. Arunkumar, P.T. Binduraj, Advocates.

JUDGMENT

Antony Dominic, J.

1. This appeal is directed against the judgment of the Family Court, Alappuzha in OP (HMA).No.274/09. That OP was filed by the respondent herein, under sections 13(1)(ia) and (iii) of the Hindu Marriage Act, 1955 (the 'Act', for short), seeking divorce. Before the Family Court, on behalf of the respondent, he himself and two other witnesses were examined as PWs.1 to 3 and Exhibits A1 and A2 were marked. On behalf of the appellant, she herself and another witness were examined as RWs.1 and 2 and Exhibits B1 to B7 were marked. The Family Court, by judgment dated 10.2.2012, disposed of the matter, accepting the ground of cruelty under section 13(1)(ia) and rejecting the ground of insanity under clause 13(1)(iii) of the Act. It is aggrieved by this judgment, the appellant wife has filed this appeal.

2. The parties are Hindus and their marriage was solemnized on 7.5.1998 at Sree Bhagavathi Temple, Mankompu. Thereafter, they lived as husband and wife at the native place of the husband and later, at Bangalore and their son, Harikrishnan, was born on 28.4.1999. According to the respondent, the appellant was suffering from mental insanity and was also behaving in











































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