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2022 Supreme(Online)(KER) 38458

HIGH COURT OF KERALA
ANIL K. NARENDRAN, P. G. Ajithkumar, JJ
SAPNA.P.P – Appellant
Versus
HAREESH KUMAR.A – Respondent


Advocates:
B.PREMNATH (E), SARATH M.S., V.V.SURENDRAN, P.A.HARISH

JUDGMENT

Anil K. Narendran, J.

The appellant is the respondent in O.P.No.1203 of 2019, which is one filed by the respondent herein-husband, seeking dissolution of the marriage under Section 13 (1)(a) and (1)(b) of the Hindu Marriage Act, 1955 . On 27.01.2021, the Family Court passed an exparte decree dissolving the marriage solemnised between the appellant and the respondent. On 24.02.2021, the appellant filed I.A.No.1 of 2021, seeking an order to set aside exparte decree in O.P.No.1203 of 2019. In that interlocutory application, the respondent-husband filed counter on 17.12.2021. After considering the rival contentions, the Family Court, by the order dated 25.03.2022, dismissed I.A.No.1 of 2021 in O.P.No.1203 of 2019. Paragraph 6 of the said order read thus;

“Petitioner is an Advocate. The death of the father was on 08.09.2019 and death of the mother was on 20.08.2020. Exparte decree pronounced only on 21.01.2021. No documents has been produced by the petitioner to prove that she was suffering from chronic kidney disease and was undergoing treatment for the same. There is no dispute to the fact that petitioner herein was prosecuting O.P.Nos.1292 of 2019, 1249 of

2019 and M.C.No.401

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