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2013 Supreme(Online)(KER) 2873

HIGH COURT OF KERALA
ANTONY DOMINIC, P.D.RAJAN, JJ
C S THOMAS – Appellant
Versus
MERLIN DANIEL – Respondent


JUDGMENT

Antony Dominic, J.

1.Parties to these appeals are common and therefore, these appeals were taken up for consideration together.

2.The appellant husband filed O.P(Div).190/05 before the Family Court, Thiruvalla seeking divorce against the respondent. The ground urged was cruelty. By judgment dated 20.9.2005, that OP was dismissed by the Family Court and it is aggrieved by that judgment, Mat.A.363/05 is filed.

3.Mat.A.320/06 arises from the common order dated 30.8.2006 of the Family Court, Kottayam in I.A.No.951/06 in O.P(G&W). 554/06 and Mat.A.321/06 arises from the same common order in I.A.No.1587/06 filed by the respondent herein in the aforesaid OP.

4.Briefly stated, the case is that the marriage between the appellant and the respondent was solemnised on 11.2.1995 and a girl child was born in their wedlock in 1996. While they were residing together, the wife left the matrimonial home on 29.4.2000 along with the child. It is the common case of the parties that since then, the wife is residing at Vaikom in her paternal house along with the child and there has not been any contact between the parties thereafter. Although various facts, which, according to the husband, constitute

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