IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
OP (FC) NO. 364 OF 2022
AGAINST THE ORDER/JUDGMENT IN OP 383/2022 OF FAMILY COURT,
PATHANAMTHITTA
PETITIONER:
LINTO THOMAS, AGED 34 YEARS, C-4/10,
SREE GURUDATT CO-OPERATIVE HOUSING SOCIETY, SECTOR
46, NAVI
MUMBAI, NERUL, THANE, MAHARASHTRA - 689 648
REPRESENTED BY THE POWER OF ATTORNEY HOLDER, MR.
TITU K. PANICKER, AGED 28, S/O. CHACKO KOSHY
PANICKER, T.C. NO. 5/179, PARANKIMAM VILA THAZATHIL,
ARUMURIKADA, KUNDARA P.O., KOLLAM - 691 501.
BY ADVS.
J.G.SYAMNATH
V.S.VISWAMBHARAN
RESPONDENT:
TIGI THOMAS JOSH, AGED 32 YEARS, THOLOOR HOUSE,
KAIPATTOOR P.O., PATHANAMTHITTA, KERALA - 689 648,
REPRESENTED BY THE POWER OF ATTORNEY HOLDER, MR.
THOLOOR JOSH THOMAS, AGED 59, RESIDING AT THOLOOR
HOUSE, KAIPATTOOR P.O., PATHANAMTHITTA, KERALA - 689
648.
BY ADVS.
ARUN.B.VARGHESE
AISWARYA V.S.(K/001596/2018)
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
24.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (FC) NO. 364 OF 2022
..2..
J U D G M E N T
A. Muhamed Mustaque, J This original petition is filed aggrieved by an order dismissing a petition dispensing the cooling off period filed in a petition for divorce on mutual consent. The petitioner and the respondent, invoking Section 10A of the Indian Divorce Act, filed a petition for divorce on mutual consent before the Family Court Pathanamthitta on 28.03.2022. In that petition, they filed an application to waive the cooling off period. The petitioner is currently in Ireland and the respondent is residing in New Zealand. It is submitted that the parties are not in a position to come personally before the Court to give evidence. The petition for divorce was filed through the power of attorney holder.
2. Having considered the facts and circumstances, we find no reason to interfere with the impugned order and there is no circumstances warranting to waive cooling off period. However, we allow both to appear through Google OP (FC) NO. 364 OF 2022 ..3..
Meet or Zoom platform before the Family Court on 1.10.2022. The respective counsel will have to identify them. Based on the interaction of the parties, the Court can pass appropriate decree on the same day itself.
This original petition is disposed of.
Sd/-
A.MUHAMED MUSTAQUE JUDGE Sd/-
SOPHY THOMAS JUDGE PR OP (FC) NO. 364 OF 2022 ..4..
APPENDIX OF OP (FC) 364/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF I.A. NO. 2 OF 2022 IN OP 383/2022 OF FAMILY COURT, PATHANAMTHITTA Exhibit P2 TRUE COPY OF I.A. NO. 3 OF 2022 IN OP 383/2022 OF FAMILY COURT, PATHANAMTHITTA Exhibit P3 TRUE COPY OF THE ORDER DATED 20/04/2022 IN I.A. NO. 2 OF 2022 IN THE O.P. NO. 383/2022 ON THE FILES OF FAMILY COURT, PATHANAMTHITTA