ROSHAN MOHAMMED AFZAL Vs. SUNAINA HAMEED

JUDGEMENT

(1.) Mat.Appeal No.794/11 appeal is filed by the respondent in O.P.No.772/2010 of the Family Court, Kozhikode. By the impugned judgment, the Family Court granted divorce dissolving the marriage between the couple. The learned counsel for the appellant submits that the divorce had been obtained by the petitioner/wife by stating untrue facts and since the order of divorce has been obtained by misrepresentation and fraud, the judgment is liable to be set aside.

(2.) The learned counsel for the appellant submits that additional documents have been produced along with I.A.No.186/2012 to support the contentions. The documents are produced as Annexures A to C. Annexure A is the copy of O.P.No.747/2011 of the Family Court, Kozhikode filed by the wife for return of gold ornaments and money. Annexure B is the counter statement dated 27/12/2011 filed in the said case and Annexure C is the interim application in the said case. Two other documents are also produced along with I.A.No.1/2019 as Annexures I and II. Annexure I is the birth certificate of the child of the respondent and Annexure II is the photograph of the respondent herein along with Sri. Nidheesh Kala and their child.

(3.) On the other hand, the learned counsel for the respondent/wife submits that the divorce had been granted on valid grounds and that apart, both the parties got re-married and there is no reason to set aside the decree of divorce.