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2013 Supreme(Ker) 930

ANTONY DOMINIC, P.D.RAJAN
M. D. David – Appellant
Versus
K. G. Mercy – Respondent


Advocates Appeared:
For the Appellant :Sri. Saigi Jacob Palatty and Sri. Baby Thomas, Advocates.
For the Respondent:Smt. Asha Cherian and P.M. Mohammad Shiraz, Advocates.

JUDGMENT :

P.D. Rajan, J.

M.A.Nos. 696/2007 and 356/2008 are preferred by the husband against the judgment of Family Court, Kottayam at Ettumanoor in O.P. Nos. 72 of 2005 and 235 of 2005.

In Mat. Appeal No. 696/2007 his wife is the respondent and in Mat. Appeal No. 356/2008, the wife and the children of appellant are respondents 1 to 3.

2. O.P.No.72/2005 was filed by the husband under Section 10 of Indian Divorce Act and O.P.No.235/2005 was filed by the wife against the husband and his children for decree of permanent prohibitory injunction.

3. In O.P.No.72/2005 the appellant's case was that on 8.10.1999 his first wife died and after that he married the respondent on 13.11.2000 as per the Christian customary rites and that they lived together in the matrimonial house. While so, respondent demanded share in the appellant's property and she quarrelled with his children, born in the first wife. At the time of marriage, respondent had suppressed the fact of removal of her uterus. After retirement from KSEB in the year 1996, appellant was serving as the Secretary of a Church, and during that period, respondent quarrelled with the appellant and threw away the accounts book of the Church and d







































































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