Monday 24 May 2021

Whether calculated Acts Of One Parent To Alienate Child From Other Parent Amount To Mental Cruelty?

 Yet another facet of mental cruelty on the part of the

respondent canvassed by the learned counsel for the appellant is

regarding the parental alienation. The learned counsel for the

appellant submitted that the respondent intentionally alienated the child from the appellant depriving his parental right to be loved by the child. It amounts to nothing but mental cruelty, argued the counsel. We find some force in the said argument.{Para 16}

17. Parental alienation describes a process through which a

child becomes estranged from a parent as the result of the

psychological manipulation of another parent. It occurs when one parent undermines or prejudices the contact and relationship between the child and the other parent without well-founded reasons. It is a strategy whereby one parent intentionally displays to the child unjustified negativity aimed at the other parent. The purpose of this strategy is to damage the child’s relationship with the other parent and to turn the child’s emotions against the other parent. A child has right to the love and affection of both parents. Similarly, the parents have the right to receive the love and affection of the child. Any act on the

part of the one parent calculated to deny the love and affection of the child to the other parent by alienating the child from him/her amounts to mental cruelty.

 IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

 MR. JUSTICE A.MUHAMED MUSTAQUE

&

DR. JUSTICE KAUSER EDAPPAGATH

 18TH DAY OF MAY 2021 

Mat.Appeal.No.523 OF 2019

PRABIN GOPAL Vs MEGHNA

Dated this the 18th day of May 2021

Author: Kauser Edappagath, J.

The husband in a marital dispute is the appellant. The original

petition filed by him against his wife (respondent) for divorce on the

ground of cruelty was dismissed by the Family Court, Thrissur (for

short ‘the court below’) vide impugned order.

2. The marriage between the appellant and the respondent

was solemnized on 27/12/2009 at Sree Krishna Temple, Guruvayoor as

per the Hindu religious rites. In the wedlock, a daughter named, Diya

Prabin, was born on 9/3/2011.

3. The appellant was working at Singapore as a bank manager

at the time of marriage. After a few days of marriage, the respondent

went to Singapore along with the appellant and both of them resided

together there. According to the appellant, immediately after the

commencement of the marital relationship, serious matrimonial

problems developed between them, which despite his earnest and

sincere effort, kept growing and intensified. It was alleged that the

respondent was extremely bad tempered and belligerent in nature,

constantly using filthy language and arguing with the appellant. She

showed complete disinterest in all household functions and refused to

attend her duties as a wife. Not only was the respondent distancing

himself from the appellant, but there were regular instances of outrage

and resentment, causing serious mental agony and pain to him, it was

alleged.

4. The appellant further alleged that the respondent refused to

show any signs of love and care towards his parents especially his

ailing father and other family members which caused deep mental

pain and misery on him. He highlighted an instance wherein the father

of the respondent physically hurt his parents causing serious injuries

on the hand of his mother which resulted in registration of a criminal

case against the respondent and her father at the Town West Police

Station, Thrissur. As a counterblast to the same, the respondent filed a

complaint raising false allegations against the appellant and his

parents resulting in registration of a crime against them. On hearing

about the same, the father of the appellant suffered a sudden paralytic

stroke and was admitted to the hospital. The intention of the

respondent and her parents was only to harass, cause loss, mental

agony and pain to the appellant and his family, it was alleged.

5. The appellant and the respondent made a short visit for 12

days to their native place in the month of May 2010. According to the

appellant, during the said visit, the respondent refused to reside in his

residence and when he requested her to reside or even visit his

residence, she started to pick up quarrel with him. Thereafter, the

respondent became pregnant while they were residing together in

Singapore and even at that point of time, the respondent continued

her reckless and inattentive behaviour. In December 2010, the

appellant and the respondent came to their native place so as to drop

the respondent at her residence for delivery as per the local custom.

During the said stay, the appellant and his mother regularly attempted

to visit the respondent at her residence. However, the respondent and

her parents refused to permit them to visit the respondent and tried to

detach her from the appellant and his parents. During every such

attempt, the respondent and her parents began insulting and

quarreling with the appellant and his family which deeply hurt him. It

was further alleged that he was informed about the delivery of his own

child through his family friends on the date of delivery. Even though he

rushed to the hospital, he was not permitted to see the child and

forcefully obstructed from entering the hospital by the respondents’

relatives and strangers on the instruction of the respondent and her

parents. It was also alleged that the appellant and his parents were

completely isolated from the child and the respondent even refused to

send a photo of the child. Hence, the parents of the appellant were

forced to file a complaint before the District Legal Service Authority,

Thrissur and it was only with intervention of the authority, they could

see the child. In these circumstances, the appellant filed OP No.

1091/2011 for restitution of conjugal rights and GOP No.154/2012 to

get the custody of the child before the Family Court, Thrissur. Even

though the respondent came to the residence of the appellant for

showing the child to his parents, after counselling in OP No.1091/2011,

immediately upon arrival, she began scolding, insulting, abusing and

quarreling with his parents leaving them devastated and traumatized,

it was alleged.

6. Admittedly, a mediation was taken place in the proceedings

before the Family Court wherein the matter was settled and both

parties agreed to live together on the basis of agreed terms and

conditions. The parties agreed to withdraw all pending criminal cases

filed against each other. It was further agreed that whenever the

appellant comes down from Singapore, he can reside with the

respondent and their child at Bangalore where she was employed at

that time. According to the appellant, just two weeks after the said

compromise, when he attempted to visit the respondent and the child

in Bangalore, she refused to even open the door and kept him waiting,

without giving him a chance to see his own daughter. Again in January,

2017, the appellant went to the workplace of the respondent at

Thrissur and tried to meet her. But the respondent refused to meet him


and insulted him causing mental agony to him. It is the case of the

appellant that after the compromise, the respondent never came to his

residence. She did not even contact him over the phone. Even after

the compromise, they did not reside together on a single day. It was

also alleged that after the compromise, the respondent continued to

exercise the mental cruelty on him as before and she has even

alienated the child from the appellant. The appellant specifically

asserted that the respondent committed breach of the terms of the

agreement and, hence, the compromise did not materialise. It was in

these circumstances, the appellant preferred the original petition for

dissolution of marriage on the ground of cruelty.

7. The respondent entered appearance before the court below

and filed detailed counter statement. She specifically denied various

instances of cruelty allegedly exercised by her on the appellant and

pleaded in the original petition. According to her, it was the appellant

who often quarreled with her and failed to discharge marital

obligations. It was contended that the appellant pledged her gold

ornaments without her consent and 25 sovereigns of gold ornaments

were taken by the appellant and kept with him. It was further

contended that the appellant did not pay any amount to maintain her

or the child and even did not meet the hospital expenditure when she

was admitted for delivery. The respondent has admitted the


compromise that has taken place at the Family Court and its terms.

According to her, it was the appellant who committed breach of the

terms of the compromise. It was contended that even though the

appellant agreed to withdraw the criminal case pending against the

respondent and her father, he did not do so. She asserted that she is

ready to reside with the appellant and discharge her marital

obligations even now. The respondent sought for the dismissal of the

petition.

8. As stated already, the appellant has also filed GOP

No.154/2012 for the custody of the child. The respondent has filed

another original petition as OP No.983/2017 against the appellant for a

decree of permanent prohibitory injunction restraining the appellant

from entering into her residence and causing any inconvenience to her

or her child’s peaceful life or from taking the child by force. All these

three cases were tried together and a common order was passed. The

appellant was examined as PW1 and Exts. A1 to A34 were marked on

his side. The respondent was examined as RW1 and Exts. B1 to B13

were marked on her side. After trial, the court below found that all the

allegations of cruelty raised by the appellant till the date of filing the

compromise petition were actually condoned by him. The court below

further found that the appellant failed to comply with the terms of the

compromise by not withdrawing the criminal case filed against the


respondent and her father and, hence, the respondent cannot be

blamed for her refusal to live with him even after the compromise. The

court below further found that the cruelty alleged till the date of filing

the compromise in earlier case cannot be revived since the theory of

revival of cruelty cannot be applied to the facts of the case. The Court

below also observed that no instance of cruelty after the compromise

has been established by the appellant. Accordingly, it was held that

the appellant was not entitled to get a decree for divorce on the

ground of cruelty and the original petition was dismissed as per the

impugned order. Challenging the said order, the appellant preferred

this appeal.

9. We heard the learned counsel for the appellant as well as

the respondent.

10. The marriage between the appellant and the respondent

took place on 27/12/2009. After eleven days of marriage, they went to

Singapore where they stayed together for about four months. During

this period, matrimonial disputes developed between them which were

further intensified by passage of time. After four months' stay at

Singapore, they came down to the native place for fifteen days.

Thereafter, they again went back to Singapore where the respondent

became pregnant. In December 2010, on the seventh month of

pregnancy, the appellant and the respondent came to their native


place so as to drop the respondent at her residence for delivery as per

the local custom. By that time their relationship has been further

deteriorated. The appellant alone went back on 5/1/2011. After the

delivery, the respondent did not go back to Singapore to join the

appellant. It appears that the marriage did not result in a bond being

created between the couple as expected. Admittedly, the appellant

and the respondent are living apart since 5/1/2011.

11. The definite case of the appellant is that over the course of

marriage with him, the respondent has perpetrated various iniquitous

acts, ranging from several mental agony by constantly using filthy

language, abdicating all shared household duties, causing his parents

to be physically assaulted, filing false and malicious prosecution to

entrap him and his family, and depriving him his right to visit and

assist in raising their child despite a settlement, making his life a living

hell. According to the appellant, in spite of various acts of cruelty

committed by the respondent, he, in the best interest of the child,

opted to file the original petition for restitution of conjugal rights as OP

No.1091/2011 before the Family Court, Thrissur. But, still, the

respondent repeated the matrimonial cruelty and even dragged his

parents to matrimonial controversy and they were even physically

assaulted. A false and frivolous criminal prosecution was also launched

against them. Even then, he acceded to a settlement in a mediation

held at Family Court and executed a settlement agreement which was

marked as Ext. A24. It was alleged that the respondent committed

breach of the settlement by not resuming the marital relationship and

continued with her acts of cruelty.

12. The court below did not care to consider or appreciate on

merits the various instances of cruelty alleged by the appellant till the

date of filing Ext. A24 compromise holding that those were condoned

by the appellant. Before examining the correctness of the finding of

the Court below regarding condonation of cruelty, we will examine

whether the appellant has established the cruelty pleaded.

13. The evidence consists of oral evidence of the appellant

alone. Normally, the matrimonial cruelty – be it physical or mental –

takes place within the four walls of the matrimonial home and,

therefore, independent witnesses may not be available. Thus, the

court can act upon the sole testimony of the spouse if it is found

convincing and reliable. The various acts of cruelty, both physical and

mental, as well as harassment, meted out by the appellant at the

hands of the respondent at Singapore as well as at the native place

have been spoken to in detail by the appellant. Even though the

appellant has been cross-examined in length, nothing tangible has

been brought out in the cross-examination to discredit his testimony. It

has come out in the evidence of the appellant that the respondent has


caused innumerable mental stress and pain by constantly showering

abusive words and filthy language towards him while they were living

in Singapore and also during their short stays at the native place.

Regular instances of outrage and resentment on the part of the

respondent has been spoken to by the appellant. He deposed that

apathy and indifferent conduct of the respondent made him

completely distressed which even affected his concentration on the

work. It has also come out in evidence that the respondent has

neglected and even physically assaulted his parents. Ext. A20 would

show that a crime was registered against the respondent and her

father on the allegation that they physically assaulted the appellant’s

parents. It has also come out in evidence that after the delivery of the

child, the appellant and his parents were denied access to the child by

the respondent and her parents. The appellant specifically deposed

that right from the first day of marriage, there has been a sustained

course of abusive and humiliating treatment and reprehensible

conduct on the part of the respondent.

14. It is settled that physical violence is not absolutely essential

to constitute cruelty. It is equally settled that mere bickering, coldness, austerity of temper, petulance of manners, rudeness of language, lack of affection, trivial irritations, quarrels, or normal wear and tear of the married life which happens in day to day life cannot amount to cruelty.

At the same time, to constitute cruelty, the conduct complained of

need not necessarily be so grave and severe so as to make

cohabitation virtually unendurable or of such character as to cause

danger to life, limb or health. It must be something more serious than

"ordinary wear and tear of the married life". It is sufficient if the

conduct and behaviour of one spouse towards the other is of such a

nature that it causes reasonable apprehension in the mind of the latter

that it is not safe for him or her to continue the marital tie. The feeling

of deep anguish, disappointment, frustration and embarrassment in

one spouse caused by the sustained course of abusive and humiliating

conduct of other may sometimes lead to mental cruelty. Mental cruelty

may also consist of verbal abuses and insults by using filthy and

abusive language leading to constant disturbance of mental peace of

the other party. Malevolent intention is not essential to cruelty, if by

ordinary sense in human affairs, the act complained of could otherwise

be regarded as cruelty.

15. The Supreme Court in Dr. N. G. Dastane v. Mrs. S.

Dastane (AIR 1975 SC 1534) has held, the standard of proof in

matrimonial cases would be same as in civil cases, that is, the Court

has to decide the cases based on preponderance of probabilities.

Therefore, the Court has to see what are the probabilities in a case

and legal cruelty has to be found out, not merely as a matter of fact,

but as the effect on the mind of the complainant spouse because of

the acts or omissions of the other. Mental cruelty is a state of mind and

feeling with one of the spouses due to the behaviour or behavioural

pattern by the other and inference can be drawn from the attending

facts and circumstances taken cumulatively. From the kind of attitude,

conduct and treatment discussed in the preceding paragraphs, it can

readily be inferred that the appellant has every reason to apprehend

that it is not safe for him to continue the matrimonial relationship with

the respondent.

16. Yet another facet of mental cruelty on the part of the

respondent canvassed by the learned counsel for the appellant is

regarding the parental alienation. The learned counsel for the

appellant submitted that the respondent intentionally alienated the

child from the appellant depriving his parental right to be loved by the

child. It amounts to nothing but mental cruelty, argued the counsel.

We find some force in the said argument.

17. Parental alienation describes a process through which a

child becomes estranged from a parent as the result of the

psychological manipulation of another parent. It occurs when one

parent undermines or prejudices the contact and relationship between

the child and the other parent without well-founded reasons. It is a

strategy whereby one parent intentionally displays to the child

unjustified negativity aimed at the other parent. The purpose of this

strategy is to damage the child’s relationship with the other parent and

to turn the child’s emotions against the other parent. A child has right

to the love and affection of both parents. Similarly, the parents have

the right to receive the love and affection of the child. Any act on the

part of the one parent calculated to deny the love and affection of the

child to the other parent by alienating the child from him/her amounts

to mental cruelty.

18. Coming to the merits, the appellant has given evidence that

he and his parents were completely isolated from the child and the

respondent even refused to send a photo of the child. Hence, his

parents were forced to file a complaint before the District Legal

Services Authority, Thrissur and it was only with intervention of the

authority, they could see the child. He further gave evidence that the

respondent did not even inform him about the delivery of the child and

he came to know of the birth of the child through his family friends on

the date of delivery. Even though he rushed to the hospital, he was not

permitted to see the child and forcefully obstructed from entering the

hospital by the respondents’ relatives and strangers on the instruction

of the respondent and her parents, the appellant added. The appellant

further deposed that the respondent did not inform him about the

name laying ceremony of the child and never disclosed anything about

the child including its health condition. The appellant also deposed

that just two weeks after the said compromise, when he attempted to

visit the respondent and the child in Bangalore to celebrate the

birthday of the child, she refused to even open the door and kept him

waiting, without giving him a chance to see the child. Finally, he had to

leave the birthday gifts and cake in front of the flat and returned. He

specifically stated that after the compromise, the respondent

completely alienated the child from him. There is nothing on record to

disbelieve this evidence. The respondent as a mother breached every

duty she owed as the custodial parent to the non-custodial parent of

instilling love, respect and feeling in the child for its father. Nothing

can be more painful than experiencing one’s children—one’s own flesh

and blood—rejecting him/her. The above acts of the respondent

willfully alienating the child from the appellant, no doubt, constitute

mental cruelty.

19. The next question for consideration is whether the appellant

had, at any time, condoned the respondent/wife's cruelty? It was

contended that even assuming that this Court comes to the conclusion

that the above mentioned incidents amount to cruelty in matrimonial

law, in the facts of the present case, there was clear condonation on

the part of the appellant. As stated already, all the disputes between

the parties were settled in mediation at the Family Court by executing


a compromise agreement which was marked as Ext. A24. The court

below held that all the allegations of cruelty till the date of filing of Ext.

A24 compromise were actually condoned by the appellant. The court

below further held that the appellant committed breach of compromise

by not withdrawing criminal case against the parents of the

respondent since the breach was on his side, the cruelty alleged to

have been committed prior to the filing of the compromise petition will

not be revived and he cannot press into service the theory of revival

of cruelty. The contentions of the appellant that even after the said

condonation, the act of cruelty was repeatedly committed by the

respondent, matrimonial life was not restored and, hence, the past

acts of cruelty stood revived was not accepted by the court below.

20. Under S.23(1)(b) of the Act, in any proceeding under the Act

whether defended or not, the relief prayed for can be decreed only and

only if "where the ground of the petition is cruelty the petitioner has

not in any manner condoned the cruelty". The above section casts an

obligation on the Court to consider the question of condonation and

obligation which has to be discharged even in undefended cases. The

relief prayed for can be granted only if the Court is satisfied that the

petitioner has not, in any manner, condoned the cruelty. In the present

case, respondent altogether denied allegation of cruelty in her counter

statement. She did not advance the plea of condonation as a defence


to such allegation. Nonetheless, learned trial Court considered the

contention relating to condonation and rejected the same upon

reference to evidence on record in accordance with law laid down in

Dr. N.G. Dastane (supra) to the effect that even though condonation

is not pleaded as defence by the respondent, it is Court's duty, in view

of the provisions under S.23(1)(b) of the Hindu Marriage Act, 1955, to

find whether the misconduct alleged to be the basis for seeking decree

of divorce was condoned by the appellant.

21. As to what constitutes condonation as envisaged under

Section 23(1)(b) of the Act has nowhere been elaborated under the

Act. 'Condonation' is a word of technical import, which means and

implies wiping of all rights of injured spouse to take matrimonial

proceedings. In a sense, condonation is reconciliation, namely, the

intention to remit the wrong and restore the offending spouse to the

original status which in every case deserves to be gathered from the

attending circumstances. Ordinarily, as a general rule, condonation of

matrimonial offence deprives the condoning spouse of the right of

seeking relief on the offending conduct. However, condonation cannot

be taken to be an absolute and unconditional forgiveness. Therefore, in

case the matrimonial offence is repeated even after an act of

condonation on the part of the spouse, it gets revived on the

commission of subsequent act resulting in matrimonial disharmony.


Past acts of cruelty even after condonation are grounds to seek divorce

if revived by later acts of cruelty.

22. The Supreme Court has very succinctly and elaborately

summarised the law regarding condonation in Dr. N.G. Dastane

(supra) and has observed thus:

“Condonation means forgiveness of the matrimonial offence and the

restoration of offending spouse to the same position as he or she

occupied before the offence was committed. To constitute

condonation there must be, therefore, two things: forgiveness and

restoration. But condonation is always subject to the implied

condition that the offending spouse will not commit a fresh

matrimonial offence, either of the same variety as the one condoned

or of any other variety. No matrimonial offence is erased by

condonation. It is obscured but not obliterated. 'Since the condition

of forgiveness is that no further matrimonial offence shall occur, it is

not necessary that the fresh offence should be ejusdem generis with

the original offence. Condoned cruelty can, therefore be revived, say

by desertion or adultery. 'Condonation' under S.23(1)(b), therefore,

means conditional forgiveness, the implied condition being that no

further matrimonial offence shall be committed.”

The Division Bench of this Court in Chathu v. Jayasree (1990 (1) KLT

604) has held that the condonation is conditional forgiveness and

there cannot be condonation if offending spouse continues in

matrimonial offence. It was observed thus:

“Condonation of matrimonial transgression involves conditional

forgiveness of such transgression as is known to or believed by the


offended spouse, so as to restore the status quo ante as between the

spouses. To constitute condonation there must be two things:

Forgiveness and restoration. The real import of condonation is

conditional waiver of the right of the injured spouse to take out

proceedings. The condition is revival of the normal married life. There

cannot be condonation if the offending spouse continues to indulge in

the matrimonial offence. Forgiveness is meaningless unless there is

contrition in the person who seeks or pleads for forgiveness.

Condonation rests on some assurance to the offended spouse of

retracement of the offending spouse from the wrong path hitherto

followed.”

Recently, the Division Bench of this Court in Santhosh Kumar v.

Jayasree Damodaran (2020 (2) KLT 111) has held that an act of

cruelty once condoned could certainly revive and give rise to a cause

of action for dissolution of marriage, when the offending spouse

exploits and takes unfair advantage of the generosity or the

benevolence shown by the wronged spouse and takes to matrimonial

misdeeds over again.

23. What we can gather from the above precedents is that

condonation implies knowledge to the husband of being wronged by

wife, conscious election by him not to exercise the legal right flowing

therefrom, to forgive the wife conditionally and the same resulting in

the resumption of normal relationship between the couple. Thus, it is

resumption of normal marital ties with mutual understanding which

assumes significance. As has been held in Dr. N.G. Dastane (supra),

to constitute condonation, there must be two things: forgiveness and


restoration. If for constituting condonation, there must be forgiveness

and restoration, it is obvious that bilateral acts of both parties will be

required to be taken into account while considering the aspect of

condonation. Forgiveness and restoration cannot be unilateral and for

it to be effective and fruitful, it has to be bilateral.

24. Admittedly, Ext. A24 compromise agreement did not

materialise. Both the appellant and respondent accuse each other for

committing breach of the compromise agreement. At any rate, it is not

in dispute that there was breach of the compromise agreement. The

question is not one who has committed the breach. The question is

whether the compromise has been adhered to by both parties and

whether there was resumption of conjugal relationship. There is

absolutely no material on record to indicate resumption of conjugal life

between the appellant and the respondent after the compromise. Even

the respondent has admitted that the conjugal relationship has not

been resumed after the compromise. Her case is that the appellant

failed to withdraw criminal case against her and her parents and,

hence, she was justified in not resuming the conjugal life. The evidence

on record would further show that their relationship remained even

bitter and strained after the compromise. The appellant gave positive

evidence that the respondent repeated her acts of cruelty even after

the compromise by not resuming the normal marital relationship and

by wilfully alienating the child from him. The appellant has spoken two

specific instances where his attempt to meet the respondent and the

child was thwarted by the respondent. He deposed that on 9/3/2016,

when he went to Bangalore where the respondent was residing with

the child for celebrating the birthday of the child with birthday cake

and gift, the respondent even did not open the door and made him to

wait outside throughout the night. He stated another instance, that in

January, 2017, when he went to the workplace of the respondent at

Thrissur to meet her, she refused to meet him. Mere filing of

compromise petition would not amount to condonation of cruelty

unless and until the matrimonial life was restored. There is nothing on

record to show that the matrimonial life was restored. There was no

cohabitation admittedly. Thus, we have no hesitation to conclude that

neither the pleading nor the evidence indicate any bilateral act or

conduct so as to record a finding that there was forgiveness and

restoration between the parties amounting to condonation of the

cruelty on the part of the appellant. Therefore, the conclusion of the

court below on this ground is not legally sustainable. The subsequent

conduct of cruelty on the part of the respondent revived the earlier

conduct of proved cruelty and completely negated the condonation.

25. On an overall appreciation of the pleadings and evidence,

we find that the appellant and the respondent were at loggerheads

right from the inception of their marriage. The marriage never took off.

Regardless of the subsistence of the marriage for the last twelve

years, the couple was unable to patch up their differences. The

marriage is virtually shattered and has become a dead wood. The

allegations and counter allegations levelled against each other

establish that there is no further chance of a rapprochement. The

appellant has pleaded and proved specific instances of cruelty meted

out on him by the respondent which have been discussed in the

preceding paragraphs. Admittedly, they are residing separately since

January, 2011. The Supreme Court of India in Samer Ghosh v. Jaya Ghosh [(2007) 4 SCC 511] has held that the insistence by one spouse to preserve the dead marriage could be treated as an act of cruelty. It

was observed thus:

“Where there has been a long period of continuous separation, it

may fairly be concluded that the matrimonial bond is beyond

repair. The marriage becomes a fiction though supported by a

legal tie. By refusing to sever that tie, the law in such cases, does

not serve the sanctity of marriage; on the contrary, it shows scant

regard for the feelings and emotions of the parties. In such like

situation, it may be true mental cruelty.”

26. The upshot of the above discussions is that the appellant

has made out a case for granting a decree for dissolution of marriage

on the ground of cruelty u/s 13(1)(a) of the Act. The court below went

wrong in dismissing his original petition for dissolution of marriage.


The impugned order, thus, is not sustainable and is liable to be set

aside. We do so.

In the result, the appeal is allowed. The impugned order is set

aside. OP No.344/2017 on the file of the Family Court, Thrissur is

allowed. The marriage between the petitioner and the respondent

solemnized on 27/12/2009 at Sree Krishna Temple, Guruvayoor stands

dissolved. No order as to costs.

Sd/-

A.MUHAMED MUSTAQUE

JUDGE

Sd/-

DR. KAUSER EDAPPAGATH



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