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2022 Supreme(Online)(KER) 65896

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


Advocates:
For the Appellants/Petitioners:SUMATHY DANDAPANI (SENIOR ADVOCATE), SRI.MILLU DANDAPANI
For the Respondents: SRI.DINESH R.SHENOY, SRI.A.JOSEPH GEORGE, SRI.EBIN MATHEW, SHRI.SILESH S. PRABHU

Table of Content
1. grounds for divorce and allegations of cruelty. (Para 2 , 3 , 4)
2. court's review of evidence regarding cruelty and desertion. (Para 5 , 6)
3. importance of evidence and the implications of condonation. (Para 36 , 39 , 40)
4. final ruling on the validity of the divorce petition. (Para 42 , 49 , 55)

JUDGMENT

Sophy Thomas, J.

This appeal is filed by the wife challenging the judgment and decree in O.P.No.2395 of 2016 on the file of the Family Court, Thiruvananthapuram, by which her prayer for divorce on the ground of matrimonial cruelty and desertion was rejected.

2. The appellant/wife is a Ph.D. holder, working as Assistant Professor and Head of the Department of Sociology at S.N College, Chempazhanthi. The respondent/husband is a Dentist, running his own clinic and also a Consultant at Ananthapuri Hospital. Both of them hail from high profile families with well- educated parents and high social status.

3. The summary of the case is as follows:

The marriage between the appellant and the respondent was solemnized on 07.05.1999 as per Hindu religious rites and customs and a male child was born in their wedlock on 16.09.2001. After marriage, the appellant was staying at her m

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