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2021 Supreme(Online)(KER) 15909

HIGH COURT OF KERALA
A. Muhamed Mustaque, C.S. DIAS, JJ
SELGHORNY.M.S – Appellant
Versus
SUJA SARA MATHEW – Respondent


Advocates:
ADV. SRI.K.S.AJAYAGHOSH, ADV. SMT.K.V.BHADRA KUMARI

JUDGMENT

Dated this the 8th day of February 2021 A.Muhamed Mustaque, J This appeal arises from the judgment dated 3.06.2019 in O.P. No. 1670 of 2016, filed by the respondent herein to declare that there is no husband and wife relationship between the parties and for injunction restraining the appellant from claiming her as his wife. A decree has been granted by the Family Court. Challenging the decree, this appeal has been preferred.

2. We heard the learned counsel for the appellant and the respondent.

3. The learned counsel for the appellant though admits that the parties belonged to different religion, i.e., the appellant being Hindu and the respondent is Christian, nevertheless, the marriage ceremony was conducted in accordance with the customary rights belonged to Hindu community at Sree Parthasarathy Temple, Mundakkayam on 12.09.2010. It is submitted that appellant and respondent lived as husband and wife for more than five years.

4. The Family Court, after noting that the parties belonged to different religion and placing reliance on the judgment of this Court and Apex Court granted decree as prayed for by the respondent.

5. The learned counsel for the appellant further submits t

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