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2019 Supreme(Ker) 980

A.M.SHAFFIQUE, N.ANIL KUMAR
Binod – Appellant
Versus
Sophy – Respondent


Advocates Appeared:
Reji George, Adv., Gopakumar G. (Aluva), Adv., Anupama Johny, Adv., S. Ashok Kumar, Adv., Geo Paul, Adv., P.M. Hridya, Adv., C.R. Pramod, Adv., Sanu Mathew, Adv., R. Vinu Raj, Adv.

JUDGMENT :

A. M. Shaffique, J.

Both these appeals are filed with reference to the matrimonial issues between the appellant and respondent and hence heard and decided together.

2. Mat.Appeal No.236/13 has been filed by the husband challenging an order passed by the Family Court in OP No.604/2007 by which petitioner/wife was permitted to recover 51 sovereigns of gold or its value from the respondent/husband.

3. Mat.Appeal No.277/13 has been filed by the husband/petitioner challenging order of dismissal passed by the Family Court in OP No.327/2005, a petition filed seeking divorce.

4. First we shall consider the petition for divorce. The parties are shown as described in the OP No.327/2005 unless otherwise stated. The petitioner and the respondent got married on 28/8/2001 as per Hindu religious rites and ceremonies. A male child was born in the wedlock on 6/1/2003. The allegation is that the behaviour and conduct of the respondent was very bad from the very inception of the marriage and he was being harassed both physically and mentally. Same attitude was shown by her towards her in-laws. She left the matrimonial home on several occasions without his consent. This is her second marriage an

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