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2022 Supreme(Online)(KER) 35904

HIGH COURT OF KERALA
A. Muhamed Mustaque, SOPHY THOMAS, JJ
DR THOMAS – Appellant
Versus
NADINE – Respondent


Advocates:
DR.THOMAS P.O(PARTY-IN-PERSON) ADVS.M.P.RAMNATH BEPIN PAUL

ORDER

[RP Nos.464/2022, 535/2022, 536/2022, 534/2022]

A.Muhamed Mustaque, J .

We refer to the parties by name for clarity in these review petitions. Dr.Thomas who was the appellant in Mat.Appeal No.36/2017 has come up with these review petitions, mainly aggrieved by the divorce granted to Nadine. According to him, no cruelty has been established. He particularly points out to the domestic violence case and the withdrawal of the same by Nadine. According to him, the domestic violence case has been withdrawn as Nadine had no cause of action or materials to prove the allegations of domestic violence against him. It is submitted that withdrawal of domestic violence case as against him would itself establish that there was no cruelty. According to Dr.Thomas, in Christian faith, souls united by God cannot be separated by the court and therefore, the court could not have granted relief to Nadine by granting divorce.

2. Mere withdrawal of the domestic violence case itself will not prevent the wife from establishing the grounds of divorce in an appropriate forum in accordance with law. The Domestic Violence Act contains the provisions to take measures in certain situations where the intervent

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