JOSE, S/O.DEVASSY, THEKKEKARA HOUSE, MADATHUMPADI VILLAGE AND DESOM, KODUNGALLUR TALUK Vs. RAGI D/O. EDATTUKARAN JOSE

JUDGEMENT

(1.) This appeal is directed against the judgment dated 31.10.2015 in O.P.No.949/2014 of Family Court, Irinjalakuda. The appellant is the petitioner before the Family Court. The original petition was preferred seeking dissolution of marriage under Sections 10(ix) and (x) of the Divorce Act (hereinafter referred to as 'the Act').

(2.) The parties, who are Christians, were married on 27.08.2012 at St.Xaviour's Church, Thanissery. O.P.No.1476 of 2012 had earlier been filed by the appellant seeking nullity of marriage under Section 18 of the Act. The contention was that the respondent was epileptic at the time of marriage and it was concealing the said fact from the appellant that his consent had been obtained for the marriage. Under the circumstances, the original petition had been preferred for declaring the marriage as null and void. It appears that the said original petition had been dismissed as withdrawn. Thereafter, the present original petition was filed for dissolution of marriage. The Family Court proceeded on the basis that the present original petition was also one filed for declaring the marriage as null and void. In the above circumstances, the Family Court held that the earlier original petition, that is, O.P.No.1476/2012 having been dismissed as withdrawn without reserving the right to file a fresh original petition, the present original petition could not have been filed for the same relief.

(3.) Heard the learned counsel for the appellant.