ANIL CHERIAN POLACHIRACKAL Vs. ASHA K. THOMAS

JUDGEMENT

(1.) The husband is the appellant in Mat.Appeal Nos.76 and 86 of 2020, and the cross objector in C.O No.73 of 2020. The wife is the appellant in Mat.Appeal No.168 of 2020 and the respondent in the other proceedings.

(2.) The wife filed O.P No.45 of 2019 for a decree of divorce, and O.P No.46 of 2019 for recovery of patrimony, before the Family Court, Pala. The Divorce O.P was decreed in her favour, against which the husband preferred Mat.Appeal No.76 of 2020. Her O.P for recovery of patrimony as well as the counterclaim by the husband for recovery of a gold chain were dismissed, against which the husband filed Mat.Appeal No.86 of 2020 and the wife filed Mat.Appeal No.168 of 2020. Apart from that, the husband filed a cross objection opposing Mat.Appeal No.168 of 2020 filed by the wife.

(3.) O.P Nos.45 and 46 of 2019 were tried together by the Family Court, Pala. After formulating necessary issues, the parties went on trial. PWs 1 to 3 were examined and Exts.A1 to A8 series were marked from the side of the wife and DWs 1 and 2 were examined and Exts.B1 to B48 were marked from the side of the husband. After analysing the evidence in a cursory manner, the Family Court decreed O.P No.45 of 2019 dissolving their marriage, and dismissed O.P No.46 of 2019 rejecting her claim for patrimony in toto and also dismissed the counterclaim put forward by the husband. Hence the parties have come up with the above appeals, and cross objection.