IN THE HIGH COURT OF KERALA AT ERNAKULAM
DEVAN RAMACHANDRAN, M.B. SNEHALATHA, JJ
VRINDA.K.R. – Appellant
Versus
JOBBY. K. – Respondent
| Table of Content |
|---|
| 1. grounds for divorce must be supported by solid evidence. (Para 1 , 2) |
| 2. claims of cruelty must be substantiated; mere allegations are insufficient. (Para 3 , 4 , 5 , 10 , 12) |
| 3. lack of evidence undermines claims of marital cruelty. (Para 6 , 11 , 16) |
| 4. judgment integrity requires proper evidence assessment. (Para 7 , 9) |
| 5. legal actions for protection cannot equate to cruelty. (Para 8 , 13 , 14) |
| 6. assertions without evidence do not hold legal ground. (Para 17) |
Devan Ramachandran , J.
The appellant assails the judgment of the learned Family Court, Kollam in OP( HMA ) No.1131/2016, since by allowing it, it has granted divorce to the respondent against her.
2. Smt.V.Vijitha - learned counsel for the appellant, submitted that the Original Petition in question, namely OP( HMA ) 1131/2016, was filed by the respondent against her client, seeking dissolution of marriage, invoking the provisions of Section 13(1)(ia) of the Hindu Marriage Act , citing the ground of cruelty; and that it was, in fact, tried by the learned Family Court along with OP No.1318/2017, which had been filed by her client, seeking restitution of conjugal rights by him, under the stipulations of Section
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