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2022 Supreme(Ker) 492

ANIL K.NARENDRAN, C.S.SUDHA
Augustine @ Mervin Alexander S/o Late Alexander – Appellant
Versus
Josmy @ Geetha, D/o Jose – Respondent


Advocates Appeared:
For the Applicant : Thushara James M.S.AMAL DHARSAN
For the Respondent: K.P.SREEJA, M.B.SANDEEP

JUDGMENT :

C.S. Sudha, J.

1. This Mat. Appeal is against the judgment and decree dated 25/09/2021 in O.P.No.1060 of 2011 of the Family Court, Ettumanoor. The appellant is the respondent and the respondent herein, the petitioner in the proceedings before the Family Court, Ettumanoor. The parties and the documents will be referred to as described in the proceedings before the court below.

2. The petitioner/wife moved O.P.(Div.)No.334 of 2009 under Section 10(x) of the Divorce Act, 1869 (the Act), before the Family Court, Thodupuzha, seeking dissolution of her marriage to the respondent solemnized on 17/01/2009, on the ground of cruelty. The respondent/ husband challenged the jurisdiction of the court. The point was found against him. Hence the respondent challenged the same before this Court in Mat. Appeal No.303 of 2011. As per judgment dated 05/06/2011, this Court directed the Family Court, Thodupuzha, to return the original petition for presentation before the appropriate Family Court. Pursuant to the same, the original petition was presented before the Family Court, Ettumanoor, and it was re-numbered as O.P.No.1060 of 2011. Thereafter, the petition was amended to bring in an addi

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