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2020 Supreme(Ker) 92

A.M.SHAFFIQUE, T.V.ANILKUMAR
Santhosh Kumar. S. , S/o. Raju – Appellant
Versus
Jayasree Damodaran, D/o. Late Damodaran – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI.ALEXANDER JOSEPH, SRI.P.M.SANEER
For the Respondent: SRI.T.C.GOVINDA SWAMY, SMT.KALA T.GOPI, SMT.T.N.SREEKALA, SRI.K.B.SOUNDER RAJAN

JUDGMENT :

T.V.ANILKUMAR J.

The husband, who filed O.P. No.84/2013 before the Family Court, Palakkad, for dissolution of marriage on the grounds of desertion and cruelty, is in appeal.

2. The original petition was earlier filed in the Family Court, Ernakulam and numbered as O.P. No.143/2009 before it was transferred to the Family Court, Palakkad. The court below dismissed the original petition holding that appellant/husband failed to prove the grounds of dissolution taken under Sections 13(1)(i-a) and (i-b) of the Hindu Marriage Act, 1955(for short 'the HM Act').

3. The respondent/wife is the own cousin of appellant and their marriage was solemnized on 22.08.2004. Appellant married her while she was studying for B.Sc. Botany in Chittur Government Arts and Science College, Palakkad. After the marriage, a male child by name 'Kannan' was born to the spouses.

4. The allegation of the appellant against the respondent is that, after 1½ months since the date of their marriage, his life with her became intolerable and miserable. It is alleged that she is of such a peculiar type of woman that she used to pick up quarrels with him and other inmates of the matrimonial house for no good reasons and

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