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2019 Supreme(Ker) 126

C.K.ABDUL REHIM, T.V.ANILKUMAR
Sunil Kumar K. – Appellant
Versus
Prasobha Devi D. – Respondent


Advocates Appeared:
For the Petitioner: Smt. S. Sindhu Sri. A.D. Shajan
For the Respondent: Sri. Brijesh Mohan, Smt. Resmi G. Nair, Sri. K. Jaju Babu (Sr.), Sri. Shajin S. Hameed

JUDGMENT :

T.V. ANILKUMAR, J.

The appellant is the husband, the petitioner in O.P. No. 1921/2013 filed by him before the Family Court, Thiruvananthapuram, for dissolution of his marriage with the 1st respondent, the wife, by invoking the grounds of cruelty, desertion and adultery, under provisions of the Hindu Marriage Act, 1955 (for short 'the Act, 1955'). The 1st respondent, after entering appearance, questioned maintainability of the O.P. on the ground of bar of res judicata, because of the dismissal of the former O.P.No.687/2012 filed by him before the Family Court, Nedumangad on identical grounds. O.P.No.687/2012 was dismissed on 11.7.2013 by the Family Court on merits. Accepting the objection raised against maintainability of the original petition, I.A.No.2706/2014 filed by the 1st respondent assailing maintainability of the O.P. and seeking dismissal of the O.P. itself on a preliminary issue, was allowed. The impugned order, dated 12.1.2016 in I.A.No.2706/2014 is challenged before us in this appeal by the aggrieved husband.

2. The 1st respondent/wife was married to the appellant on 7.5.2006. A child was born to the spouses. When their relationship strained, the appellant filed














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