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2018 Supreme(Ker) 1553

A.M.SHAFFIQUE, P.SOMARAJAN
Achuthan Nair S/o Late K. V. Krishnan Nair – Appellant
Versus
M. Leelavathi D/o Late Kunhiraman Nambiar – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri. M. Ramesh Chander.
For the Respondents: Sri. M.V. Amaresan, Sri. V.N. Ramesan Nambisan.

JUDGMENT :

P. SOMARAJAN, J.

1. The husband in a matrimonial dispute came up with this appeal at the age of 71 years against his wife who is aged 62 years, aggrieved by the judgment in O.P. No. 234/2008 of the Family Court, Kasaragod, rejecting his application for getting divorce.

2. Admittedly their marriage was solemnized on 30.04.1966 and having two female children born in the wedlock. Both of them are retired school teachers. The ground raised is the cruelty and desertion. It is after the retirement there arose difference of opinion as the wife, who is the respondent, started to harass the petitioner. Now he is aged 81 years (at the time of appeal 71 years) and is suffering from various ailments. But the respondent/wife left the company of the petitioner on 01.12.2004 and started to live with her daughter.

3. The petitioner gave oral evidence as PW-1 and the respondent gave oral evidence as RW-1 and got examined four other witnesses as RWs. 2 to 5 and got marked exhibits B1 to B13.

4. The main allegation raised is that after the retirement, the behaviour of the respondent/wife became intolerable and she even did not care to look after her husband who was suffering from various ailmen

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