Citation : 2021 Latest Caselaw 16134 Ker
Judgement Date : 3 August, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
TUESDAY, THE 3RD DAY OF AUGUST 2021 / 12TH SRAVANA, 1943
OP (FC) NO. 386 OF 2021
AGAINST THE ORDER/JUDGMENT IN OP 1097/2020 OF FAMILY
COURT, MAVELIKKARA, ALAPPUZHA
PETITIONER:
NEETHU SUSAN JOSE, AGED 33 YEARS, D/O. LATE
JOSE THOMAS, CURRENTLY EMPLOYED AT STREET 7,
BLOCK NO.1, BUILDING NO.7, 4TH FLOOR, ROOM
NO.11, OLD RIGGAE, KUWAIT.
REP. BY HER POWER OF ATTORNEY HOLDER, VALSALA
ABRAHAM, AGED 59 YEARS, W/O. LATE JOSE THOMAS,
TEENS VILLA, PARIYARAM P.O, KOTTAYAM - 686021
BY ADVS.
RAJESH VIJAYAN
SIKHA S.NAIR
RESPONDENT:
JEBY OOMMEN, AGED 37 YEARS, S/O. M.O. OOMMEN,
CURRENTLY EMPLOYED AT STREET 7, BLOCK NO.1,
BUILDING NO.5, 4TH FLOOR, ROOM NO.14, OLD
RIGGAE, KUWAIT.
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
03.08.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP (FC) NO. 386 OF 2021
..2..
JUDGMENT
A.Muhamed Mustaque, J The petitioners are the petitioners in O.P (DA)No.1097 of 2020
on the file of the Family Court, Mavelikkara. They filed an application
for divorce on mutual consent under the Divorce Act, which is pending.
The petitioners are now residing at Kuwait.
2. The petitioners prayer in this matter is for the expeditious
disposal of the above case as well as permitting them to appear before
the Court through online for counselling and evidence.
3. Having considered the request as above, we are of the view
that if the petitioners cannot come down, the Family Court shall permit
the petitioners to have counselling through online as well as allow them
to adduce evidence through online.
4. Family Court shall take up the matter immediately after the OP (FC) NO. 386 OF 2021 ..3..
statutory prescribed cooling off period, for disposal.
This Original petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE JUDGE
Sd/-
DR. KAUSER EDAPPAGATH JUDGE
PR OP (FC) NO. 386 OF 2021 ..4..
APPENDIX OF OP (FC) 386/2021
PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE ORIGINAL PETITION IN O.P (DA) NO.1097 OF 2020 FILED BEFORE THE FAMILY COURT MAVELIKKARA. Exhibit P2 A TRUE COPY OF THE PETITION FILED JOINTLY BY THE PETITIONER AND RESPONDENT.
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