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2025 Supreme(Online)(Ker) 53706

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DEVAN RAMACHANDRAN, M.B. SNEHALATHA, JJ
RIYAS – Appellant
Versus
JULAISA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.V.M.KRISHNAKUMAR
For the Respondents: SRI.M.SHAJU PURUSHOTHAMAN, SRI.K.S.RAJESH

Table of Content
1. challenges to the divorce decree based on allegations of cruelty. (Para 1 , 2 , 3 , 6)
2. arguments against the findings of the family court regarding cruelty. (Para 4 , 8)
3. evidence and credibility of testimonies related to harassment. (Para 9 , 12 , 13)
4. court's interpretation of cruelty in a marital context. (Para 14 , 15)
5. final ruling upholding the divorce decree. (Para 16 , 17 , 18)

JUDGMENT

M.B.Snehalatha.J These two appeals have been preferred by the husband, challenging the judgment and decree of divorce obtained by the wife in O.P.No.907/2014 of Family Court Irinjalakuda and assailing the dismissal of O.P.No.862/2014 filed by him seeking restitution of conjugal rights.

2. We are disposing these appeals jointly as it involve identical factual disputes between the same parties.

3. The wife/respondent herein filed O.P.No.907/2014 seeking divorce under Section 2 (ii)(viii)(a)(b) and (d) of Dissolution of Muslim Marriage Act, 1939 (for short 'the Act') stating that her marriage with the appellant was held on 20.9.2010; that the appellant/husband misappropriated her 50 sovereigns of gold ornaments and ₹2,50,000/- given as patrimony. Thereafter he tortured and

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