Noushad Flourish S/o Mohiyuddin Flourish vs Akhila D/o Razik E.v

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(KER) 839

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. SUDHA, J
Noushad Flourish S/o Mohiyuddin Flourish – Appellant
Versus
Akhila D/o Razik E.v – Respondent

Advocates:
Advocate Appeared:
For the Appellant : BY ADVS. SHAIJAN JOSEPH VARGHESE MUNDACKAL SURUMI SHAKEEL
For the Respondent: BY ADVS. Asaf Ali T ZUBAIR PULIKKOOL LALIZA.T.Y.(K/1427/2002) SMT.SHEEBA THOMAS, PUBLIC PROSECUTOR

Table of Content
1. petitioner claims fraud (Para 3 , 4 , 5)
2. court discusses evidence (Para 6 , 7)
3. court's reasoning on perjury (Para 8 , 9 , 10 , 11)

JUDGMENT :

This appeal under Section 341 Cr.P.C., has been filed by the petitioner/husband in CMP No.215/2023 in O.P.No.367/2019 and O.P.No.389/2019 on the file of the Family Court, Thalassery, aggrieved by the order dated 29/09/2023, by which his petition alleging commission of perjury by the first respondent/wife and her counsel, the second respondent, has been dismissed.

2. CMP No.215/2023 was filed by the first respondent/husband in O.P.No.367/2019, which petition was filed by the petitioner/wife for return of her gold ornaments. The husband had moved O.P.No.389/2019 to get custody of the minor child. Pursuant to the marriage of the petitioner to the respondent on 02/11/2008 as per the rites and customs of the community to which they belong, a boy child was born to them, who is presently 12 years old. After the marriage, the parties lived in Qatar till 2018. The marital relationship broke up due to the respondent/wife's extra marital relationship with a person named Kamarudheen. Though the petitioner/husband attempted to have rec

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