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2025 Supreme(Ker) 2625

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Devan Ramachandran, M.B.Snehalatha
Rakhi – Appellant
Versus
Krishnakumar – Respondent


Advocates Appeared:
For the Petitioner: Sri.Johnson Gomez, Sri.Sanjay Johnson
For the Respondent: Sri.K.R.Arun Krishnan, Sri.M.S.Ajithkumar, Smt.Deepa K.Radhakrishnan, Shri.Sanal C.S, Shri.Vishak K.V.

JUDGMENT :

Devan Ramachandran, J.

The parties to this case are husband and wife; and the former sued the latter for divorce through O.P.( HMA )No.29/2023, before the learned Family Court, South Paravoor. He, however, says that, pending his application for divorce, he ‘found out’ that his wife – who was earlier married to another – obtained judgment dissolving her first marriage only an hour or two after they were married and hence that such marriage is void. He contends that the judgment above mentioned takes effect only after the time it was delivered; and thus applied for amendment of his pleadings, to incorporate additional grounds and plea for a declaration that the marriage is void. This was allowed by the impugned order of the learned Family Court and the petitioner- wife assails it.

2. Sri.Johnson Gomez – learned counsel for the petitioner, argued that, as ex facie evident from Ext.P5, the learned Family Court has allowed Ext.P3 application filed by the 1st respondent, through which, two additional reliefs have been allowed to be incorporated in Ext.P2 Original Petition; and predicated that this is illegal and impermissible. He explained that Ext.P2 Original Petition was filed

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