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2019 Supreme(Ker) 289

A.M.SHAFFIQUE, ASHOK MENON
Thresiamma Manshoven W/o Manshoven Jacques Joseph – Appellant
Versus
Manshoven Jacques Joseph – Respondent


Advocates Appeared:
For the Appellants : Sri. Thomas Abraham, Smt. Merciamma Mathew, Sri. K.S. Haridas, Sri. V. Renjith Kumar.
For the Respondents: Sri. Philip J. Vettickattu, Sri. Siby Mathew.

JUDGMENT :

A.M. SHAFFIQUE, J.

1. These two appeals arise out of matrimonial issues that had arisen between a couple who got married under the Special Marriage Act on 27.3.1985. Both the appeals are filed by the wife. Mat. Appeal No. 212/2012 has been filed against the order in OP (S.M.A.) No. 681/2007 of the Family Court, Thiruvananthapuram and Mat. Appeal No. 354/2016 has been filed by her against the judgment dated 30.11.2015 in OP No. 876/2012 of the Family Court, Thiruvananthapuram. Since both the appeals arise out of the issues relating to the same couple, those are heard and decided together.

2. OP (S.M.A.) No. 681/2007 was filed by the husband seeking divorce. According to him, he is a Belgium citizen and he married the appellant, who is an Indian citizen by birth on 27.3.1985 as per the law prevailing at Belgium and in terms with the Civil Code of the Municipality of Alken, Judicial District Tongeren Province of Limburg. Though the marriage was solemnized in 1985, they were living together since 1982 at Thiruvananthapuram District at Kumarapuram and PTP Nagar. They have two sons born out of the wedlock. They remained at Belgium till August, 1987. Both of them shifted their res



















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