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2013 Supreme(Ker) 776

ANTONY DOMINIC, P.D.RAJAN
Lakshmi Priya Seshan – Appellant
Versus
Shankar Guhadas – Respondent


Advocates Appeared:
For the Appellant :K.S. Hariharaputhran and George Mathew, Advocates
For the Respondent:Thomas T. Varghese, N. Sasi, P. Balakrrishnan and T.M. Binitha, Advocates

JUDGMENT :

Antony Dominic, J.

This appeal arises from the judgment of the Family Court, Trivandrum dismissing OP(HMA).No.394/10 filed by the appellant.

2. Appellant and the respondent were married on 1.2.2008 at Trivandrum. In connection with their employment, they are residing in the United States of America. Since inception, there was incompatibility between the couple. Finally, they decided to part ways and accordingly, the respondent filed FL 09 - 148 before the Yolo Superior Court. Accordingly, judgment was passed by that court on 26.10.2009, dissolving the marriage between the appellant and the respondent. Thereafter, the appellant filed OP(HMA).394/10 before the Family Court, Trivandrum seeking a declaration that the aforesaid judgment of the Yolo Superior Court (Ext.A3) is valid. That OP was dismissed by the Family Court by judgment dated 21.4.2012 mainly on the ground that the conditions specified in section 13 of the Code of Civil Procedure is not satisfied. It is challenging that judgment, the appellant has filed this appeal.

3. We heard the learned counsel for the appellant and the learned counsel for the respondent.

4. A reading of Ext. A3 judgment of the Yolo superior Cour





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