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2013 Supreme(Online)(KER) 29393

HIGH COURT OF KERALA
K.T.SANKARAN, M.L.JOSEPH FRANCIS, JJ
DR. ROY VIJAYAN – Appellant
Versus
LAKSHMI KARTHIKEYAN – Respondent


Advocates:
SRI.SRINATH GIRISH, SRI.S.AJITH (PALAKKAD), SRI.MILLU DANDAPANI

JUDGMENT

K.T. Sankaran J., The original petition is filed by the respondent in O.P. No.65 of 2009 on the file of the Family Court, Ernakulam challenging Ext.P10 order dated 1.1.2013 in I.A. No.3550 of 2012 and Ext.P11 order dated 26.2.2013 in I.A. No.545 of 2013. Though Ext.P7 order dated 1.12.2012 in I.A. No.3114 of 2012 was also under challenge, at the time of admission, it was submitted that the petitioner did not want to press that I.A.

2. The petitioner is the husband of the respondent. The respondent/wife filed O.P. No.65 of 2009 before the Family Court, Ernakulam for divorce on the ground of cruelty. The petitioner filed O.P. No.1955 of 2009 before the same against the respondent for restitution of conjugal rights. The aforesaid original petitions were taken up for trial. A commissioner was appointed to record evidence. The petitioner did not co-operate. The petitioner and his counsel were also absent before Court when the cases were posted for hearing. The Family Court passed a judgment dated 22.8.2011 allowing O.P. No.65 of 2009 and dismissing O.P. No.1955 of 2009.

3. Challenging the judgment in O.P. No.65 of 2009, the petitioner herein filed Mat. Appeal No.87 of 2012. He al

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