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2018 Supreme(Ker) 524

C.K.ABDUL REHIM, R.NARAYANA PISHARADI
T. SHEEJA D/O. RAGHAVAN – Appellant
Versus
C. P BALAKRISHNAN S/O. KUNHIRAMAN – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri. P.U. Shailajan
For the Respondent: Sri. R. Surendran

JUDGMENT :

R.NARAYANA PISHARADI, J.

1. The appellant is the wife and the respondent is the husband. The appeal is filed by the wife, challenging the decree of divorce passed against her by the Family Court, Thalassery.

2. The husband filed O.P.No.105/2013 against the wife in the Family Court for granting a decree of divorce under Section 13(1)(iii) of the Hindu Marriage Act, 1955. The appellant entered appearance in the case before the lower court but she did not appear for mediation. She also did not file any counter statement in the case. Thereupon, the lower court recorded the evidence of the respondent and granted a decree of divorce dissolving the marriage between the appellant and the respondent.

3. We have heard learned counsel for the appellant as well as the respondent.

4. The lower court has briefly narrated the case of the respondent/petitioner in the judgment. The lower court further proceeded to grant a decree of divorce in the case stating as follows:

"The evidence of PW1 remains unchallenged.

In the result, the O.P is allowed with cost. It is declared that the marriage between the petitioner and the respondent which was solemnised on 22.11.2002 is hereby dissolved."

5. The j












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