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2025 Supreme(Online)(Ker) 25257

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P. Krishna Kumar, J
Husband – Appellant
Versus
Wife – Respondent


Advocates:
For the Appellants/Petitioners: Sri V.R.K.Kaimal
For the Respondents: Sri M.Sasindran

JUDGMENT

P.Krishna Kumar, J

The appellant, the husband of the respondent, filed a petition for divorce under Section 13 (1)(ia) and (ib) of the Hindu Marriage Act before the Family Court, Kannur. By the judgment impugned in this appeal, the Family Court dismissed the petition, holding that the appellant had failed to establish matrimonial cruelty or desertion on the part of the respondent.

2. The marriage between the appellant and the respondent was solemnised on 11.02.2014 according to Hindu religious rites. At the time of marriage, the appellant was 41 years old and employed abroad, while the respondent was 31 years old. Shortly after the wedding, the appellant returned to his workplace overseas. Before departing, he requested the respondent to reside at his parental home until he could arrange a family visa for her. Nevertheless, it is alleged that the respondent left the matrimonial home merely 12 days later without informing the appellant, despite the fact that the appellant used to contact her two or three times a day through phone calls. Subsequently, the respondent’s family members allegedly began insisting that the appellant should reside separately from his parents. When th

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