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2022 Supreme(Ker) 90

A.MUHAMED MUSTAQUE, SOPHY THOMAS
Uthara, D/o. M. N. Soman – Appellant
Versus
Sivapriyan, S/o. Dr. Sreevardhanan – Respondent


Advocates Appeared:
For the Appellant :Sumathy Dandapani (Senior Advocate), Sri. Millu Dandapani.
For the Respondent: Sri. Dinesh R. Shenoy, Sri. A. Joseph George, Sri. Ebin Mathew, Shri. Silesh S. Prabhu.

JUDGMENT :

Sophy Thomas, J.

This appeal is filed by the wife challenging the judgment and decree in O.P.No.2395 of 2016 on the file of the Family Court, Thiruvananthapuram, by which her prayer for divorce on the ground of matrimonial cruelty and desertion was rejected.

2. The appellant/wife is a Ph.D. holder, working as Assistant Professor and Head of the Department of Sociology at S.N. College, Chempazhanthi. The respondent/husband is a Dentist, running his own clinic and also a Consultant at Ananthapuri Hospital. Both of them hail from high profile families with well- educated parents and high social status.

3. The summary of the case is as follows:

The marriage between the appellant and the respondent was solemnized on 07.05.1999 as per Hindu religious rites and customs and a male child was born in their wedlock on 16.09.2001. After marriage, the appellant was staying at her matrimonial home. She was subjected to matrimonial cruelties demanding more dowry. She was not permitted to pursue her higher studies. She was totally neglected by the husband and he even alleged extra-marital relationship against her. Since the property of her mother was not given to the respondent as demanded b

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