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2023 Supreme(Ker) 691

ANIL K. NARENDRAN, SOPHY THOMAS
Silymon, S/o. Sidharthan – Appellant
Versus
Deepthi, D/o. Muraleedharan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI.M.R.ANANDAKUTTAN, SRI.MAHESH ANANDAKUTTAN, SMT.M.A.ZOHRA, SRI.V.SURESH, SRI.G.SUDHEER
For the Respondent: SRI.V.SURESH, SRI.G.SUDHEER, SRI.M.R.ANANDAKUTTAN, SRI.MAHESH ANANDAKUTTAN, SMT.M.A.ZOHRA

JUDGMENT :

Sophy Thomas, J.

These appeals arise out of the judgment in OP(HMA) No.1161 of 2013 on the file of Family Court, Attingal. The husband filed the OP for dissolution of marriage under Section 13(1)(ia) of the Hindu Marriage Act, 1955, on the ground of matrimonial cruelties. The Family Court dismissed the OP, but granted a decree for judicial separation. Moreover, without any pleadings or prayer, the Family Court declared that the petitioner is the biological father of the child Neelina and awarded compensation of Rs.10 lakh to the child, though the child was not a party to the proceedings. Aggrieved by the impugned judgment and decree, the husband filed Mat.Appeal No.148 of 2014, and aggrieved by the decree for judicial separation, the wife filed Mat.Appeal No.245 of 2014.

2. The brief facts could be stated as follows, referring the husband as the appellant and the wife as the respondent:

The marriage between the appellant and respondent was solemnised on 29.02.2008 as per Hindu rites and custom. They were familiar to each other even prior to their marriage, as their families were residing in the same housing colony. After marriage, they started living together in the house of

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