P SUNDARAN Vs. SAJINA P V

JUDGEMENT

(1.) The appeal is filed against the judgment of the Family Court, Palakkad dismissing OP No.324/2008. The appellant and the respondent are husband and wife. Their marriage was solemnized on 9/12/2001. They have two children who were born on 13/3/2003 and 11/10/2006. Since 2008, the parties are residing separately and it was while so that the appellant filed the OP before the Family Court seeking divorce urging ground under Section 13(1)(iii) of the Hindu Marriage Act, 1955.

(2.) Before the Family Court, the appellant and a Doctor were examined as PWs 1 and 2. Respondent was examined as RW1. The appellant also produced Exts.A1 to A8. The Family Court by its judgment dated 26th April, 2010 dismissed the O.P, mainly on the ground that the appellant failed to establish the ingredients of Section 13(1)(iii) of the Act and that the appellant is guilty of delay and latches dis-entitling him for a decree in view of Section 23(1)(d) of the Hindu Marriage Act. It is this judgment which is challenged in the appeal.

(3.) We heard the learned counsel for the appellant and the learned counsel appearing for the respondent and were also taken through the lower court records including the oral and documentary evidence.