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2015 Supreme(Ker) 1526

C.K.ABDUL REHIM, MARY JOSEPH
Rajkumar Nair, S/o. M. P. Rajeswaran Nair – Appellant
Versus
V. V. Jaya, D/o. Varghese – Respondent


Advocates Appeared:
For the Petitioner: Advs. Sri. M. Rajendran Nair (Thonnalloor), Sri. Sreejith R. Nair, Sri. A.D. Shajan
For the Respondent: Adv. Smt. P. Radhika [Conciliator], Adv. Smt. Sathyasreepriya [Conciliator], Adv. Sri. George Varghese Kizhakkambalam, Adv. Sri. K.B. Pradeep [Conciliator], Adv. Sri. P.T. Girijan, Adv. Sri. M.S. Narayanan, Adv. Sri. N. Subramaniam

JUDGMENT :

MARY JOSEPH, J.

1. The appellant is the petitioner in O.P.No.1147/04 on the files of the Family Court, Thiruvananthapuram ( for short 'the court below'). A common judgment was passed by the court below in O.P.(HMA) No.1147/04 and O.P.(G&W)No.474/06 on 20.04.2007, whereby O.P. (HMA)No.1147/04 was dismissed and O.P.(G&W)No.474/06 was allowed granting permanent custody of the elder child 'Malavika' to the petitioner. This appeal is directed against the dismissal of O.P.(HMA) No.1147/04.

2. For the sake of convenience, the parties are referred to in this judgment in their original status as in O.P.(HMA)No.1147/04. The circumstances which necessitated the filing of the original petition and relevant for disposal of this appeal, are reproduced hereunder:-

The petitioner married the respondent at Guruvayoor Temple on 17.05.1994 as per the hindu religious rites. The respondent belonged to Christian religion at the time of the marriage. The relationship between the petitioner and the respondent was cordial and two children were born in their wedlock. But shortly thereafter, the respondent changed considerably in her attitude towards the petitioner. She became a spendthrift and starte
































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