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2026 Supreme(Online)(Ker) 16812

IN THE HIGH COURT OF KERALA AT ERNAKULAM
SATHISH NINAN, P. KRISHNA KUMAR, JJ
SHYJU – Appellant
Versus
NISHA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.M.POLY MATHAI, SRI.VIMAL K.CHARLES

Table of Content
1. grounds for divorce established on alleged cruelty. (Para 1 , 2 , 3)
2. court's assessment of allegations and evidence. (Para 4 , 5 , 6)

JUDGMENT

Sathish Ninan, J.

The original petition filed by the husband against the wife, seeking a decree of divorce alleging cruelty and desertion, was dismissed by the Family Court. The husband is in appeal.

2. The marriage between the parties was solemnised on

10.02.2002. It is alleged that, though the initial days of marital life was happy, gradually the relationship got sour. The respondent started treating the petitioner with cruelty, both mental and physical. False complaints were lodged against the petitioner and his parents before the police. The petitioner had filed O.P.(Div) No.218 of 2006 seeking divorce on the ground of cruelty. After counseling, the parties agreed to live together. Subsequently, the Mat.Appeal No.875 of 2014 petitioner shifted his residence to the parental house of the respondent. Again the relationship got strained. On 01.12.2007, the petitioner was expelled from the house and thereafter they are living separately.

3. The respondent raised counter allegations of cruelty against the petitioner-husband. It

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