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2018 Supreme(Online)(KER) 13632

HIGH COURT OF KERALA
K.HARILAL, A.M.BABU, JJ
VENKAPPA SHETTY – Appellant
Versus
SMT LALITHA – Respondent


J U D G M E N T

K. Harilal, J.

The appellant is the husband of the respondent.

He is the petitioner in Original Petition No.160 of 2007 of the Family Court, Kasargod. The aforesaid Original Petition was filed under Section 13(1)(ia) (ib) and (iii) of the Hindu Marriage Act, 1955(hereinafter referred to as 'the Act') against the respondent, seeking a decree dissolving the marriage between the appellant and the respondent.

2. The respondent resisted the prayer for dissolution of marriage by denying all the allegations of cruelty, desertion and mental disorder alleged against her. After considering the evidence on record, the Family Court rejected the claim for dissolution of marriage and dismissed the Original Petition on a finding that the appellant failed to prove any of the grounds raised in the Original Petition. This appeal is filed challenging the findings, whereby the Family Court rejected the claim for dissolution of marriage. The parties are referred to as in the Original Petition.

3. According to the averments in the Original Petition, the marriage between the petitioner and the respondent was on 09.10.1995 and a child was born to them in the said wedlock. They lived together a

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