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2011 Supreme(Ker) 1170

M.L.JOSEPH FRANCIS, K.M.JOSEPH
Smitha Mathew (Dr. ) – Appellant
Versus
Prasoon Kuruvila (Dr. ) – Respondent


Advocates Appeared:
For the Appellant : Chitambaresh V
For the Respondent:Mathai M. Paikaday, Sr. Advocate

JUDGMENT :

M.L. Joseph Francis, J.

Mat. A. No. 263 of 2010 is filed by the respondent/wife in O.P. 491 of 2009 on the file of the Family Court, Kottayam. The respondent in this appeal is the petitioner in that petition, which was filed by him u/s 10(1)(x) of the Divorce Act for divorce on the ground of cruelty. Mat. A. No. 265 of 2010 is filed by respondents 1 to 3 in O.P. No. 492 of 2009 on the file of the Family Court, Kottayam. The respondent in that appeal was the petitioner in that Original Petition, which was filed by him for the custody of the child. The first respondent in that Original Petition is his wife and respondents 2 and 3 are the parents of the first respondent.

2. The averments in O.P. No. 491 of 2009 are briefly as follows: The petitioner is the husband and the respondent is the wife and their marriage was solemnised on 3.2.2003 as per the Christian rites. After the marriage they lived together in the house of the petitioner. A male child was born in this wedlock on 20.2.2004. The petitioner is a doctor by profession and was doing his MD in General Medicine at Kottayam at the time of marriage. The respondent is also a doctor preparing for the entrance examination fo


































































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