IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 11TH FEBRUARY 2008 / 22ND MAGHA 1929 Mat.Appeal.No. 69 of 2008() --------------------------- OPHMA.367/2006 of FAMILY COURT, THIRUVALLA .................... PETITIONER: APPELLANT: ---------------------------------------- SARITH M., AGED 32 YEARS, S/O. M.J.MAHESAN, AISWARYA, NJALIBHAGAM MURI, KAVIYOOR VILLAGE, THIRUVALLA TALUK, PATHANAMTHITTA. BY ADV. SRI.C.K.VIDYASAGAR SRI.T.I.ABDUL SALAM RESPONDENT: RESPONDENT: --------------------------------------------- SABNA P.S., AGED 31 YEARS, D/O. SALEENA, THRIPATHI, PEROOR P.O., ETTUMANOOR, KOTTAYAM TALUK, KOTTAYAM DISTRICT. BY THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION ON 11/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B. Koshy & K.Hema, JJ. -------------------------------------- Mat.Appeal No. 69 of 2008 --------------------------------------- Dated this the 11th day of February, 2008 Judgment Koshy,J. Appellant filed an application for dissolution of marriage alleging desertion and cruelty on the part of his wife. The Family Court, after detailed consideration, found that even according to the petitioner, wife deserted him on 7.4.2006 with child. Application for divorce on the ground of desertion can be filed only after two years of continuous desertion by the partner. Since application was filed within two year period, the application is not maintainable. Further, with regard to the cruelty aspect, after considering the allegations, the Family Court directed them to undergo consultation by a Clinical Psychiatrist at Changanassery. Appellant was not willing for a counselling by a Clinical Psychiatrist, but, at the same time, was making allegations on the wife on psychiatric problems. So, after considering the matter elaborately, the Family Court found that Mat.Appeal No.69/2008 -2- dissolution cannot be allowed on the ground of cruelty. We see no ground to interfere in the matter. Appeal dismissed. J.B.Koshy Judge K. Hema Judge vaa J.B. KOSHY AND K.HEMA , JJ. ------------------------------------- Mat.Appeal No. 69 of 2008 ------------------------------------- Judgment Dated:11th February, 2008