Important Judgment Reported Today Divorce (23rd May, 2019) Amaresh Patel LANDMARK JUDGMENT Thu, May 23, 2019, at ,03:19 PM Title of the Case – Photograph is not a proof of consistent emotion Name of the case – Anish Jacob v. Rinku Jacob, Mat. Appeal. No. 51 of 2012 Date of Judgment – 21st May, 2019 Judges: Justice AM Shaffique and Justice N. Anil Kumar Subject and sections involved – Section 13 of Hindu Marriage Act? Issue: Request Petition for Divorce under section 13 of Hindu Marriage Act? Fact of the Case: The parties got married on 1.5.1999 and a male child was born in the wedlock on 06.12.2001. They started living separately since 30.12.2005. during 2005, she was severely manhandled and she had to leave the matrimonial home. The husband, as alleged, approached her again and demanded her parents to sell the property which was allotted to her share in the will executed by her parents. Since the same was not complied with, she was meted out with cruelty and she started to live separately. Further she was asked to perform perverted sex against her liking. She also had a case that after 30.12.2005, no attempt had been made by her husband to take her back to the matrimonial home and he had not taken care of her or child's interest in any manner which would amount to desertion for more than 2 years. Ratio of the case - The Kerala High Court division bench observed in response to prime argument of husband placed on photograph. It says, "Though the photographs may reflect that the couple was in a happy mood, that does not reflect as to how they were living together. At the time of taking the photographs, they seem to be in a happy mood. But that by itself does not mean that the couple was leading a happy married life, and there was no demand for patrimony."