Jinimol Alex vs Santhosh C
2021 Latest Caselaw 16738 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
       THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                               &
        THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
 WEDNESDAY, THE 11TH DAY OF AUGUST 2021 / 20TH SRAVANA, 1943
                  OP (FC) NO. 387 OF 2021
  AGAINST THE ORDER/JUDGMENT IN OPDIV 1089/2016 OF FAMILY
                   COURT, CHAVARA, KOLLAM
PETITIONER/PETITIONER:

         JINIMOL ALEX
         AGED 30 YEARS
         D/O.MARY ALEX, SHARON NIVAS, NEENDAKARA P.O.,
         NEENDAKARA VILLAGE, KOLLAM REPRESENTED BY HER
         POWER OF ATTORNEY MARY ALEX, AGED 52, W/O.ALEX
         SHARON NIVAS, NEENDAKARA P.O., NEENDAKARA VILLAGE,
         KOLLAM.

         BY ADV ARUN BABU



RESPONDENT/RESPONDENT:

         SANTHOSH C.
         AGED 42 YEARS
         S/O.CHARLI, ARAYASSERIL HOUSE, THAZHAMPALLI,
         ANCHUTHENGU P.O., CHIRAYINKEEZHU TALUK,
         THIRUVANANTHAPURAM - 695 039.



     THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
11.08.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 OP(FC) No.387/2021

                               -:2:-

                        J U D G M E N T

Dated this the 11th day of August, 2021

Kauser Edappagath, J.

This Original Petition has been filed to give a direction to the

Family Court, Chavara to issue the certified copies of the decree

and judgment in OP (Div)No. 1089/2016 without any corrections

or overwriting.

2. The Original petitioner herein obtained a judgment for

dissolution of her marriage with her husband (respondent) from

the court below in OP (Div) No.1089/2016 on 29/7/2019. The

certified copy of the judgment and decree issued to the original

petitioner contained so many mistakes in the cause title. Hence,

she filed an application for correction and it was allowed.

Thereafter, the certified copies of the corrected decree and

judgment were issued to the original petitioner which were

marked as Exts. P5 and P6. A perusal of Exts.P5 and P6 would

show that it contains lot of corrections and overwriting.

According to the petitioner, as she wants to remove the name of

the respondent from the passport, she has to submit the decree

and the judgment before the Embassy at Israel and they insists

for a decree and judgment without corrections or overwriting. It OP(FC) No.387/2021

was in these circumstances, the Original Petition has been filed.

3. We have heard the learned counsel for the original

petitioner. We have perused Exts.P5 and P6. It is true that the

cause title of it contains lots of corrections and overwriting. In

fact, in the original petition filed by the original petitioner, correct

description of the parties were given in the cause title. But, there

was mistake on the part of the court while drafting the decree

and judgment, which was corrected later, on the application filed

by the petitioner. The petitioner has asserted that the judgment

and decree without correction and with correct particulars are

necessary for the presentation in Israel Embassy. Hence, we are

of the view that the prayer sought for is only to be allowed.

In the result, the original petition is allowed. The court

below is directed to issue a fresh certified copy of the decree and

judgment without any corrections or overwriting to the original

petitioner within two weeks.

Sd/-

A.MUHAMED MUSTAQUE JUDGE Sd/-

DR. KAUSER EDAPPAGATH JUDGE Rp OP(FC) No.387/2021

APPENDIX OF OP (FC) 387/2021

PETITIONER'S EXHIBITS

Exhibit P1 THE TRUE COPY OF THE PETITION DATED 18/10/2016 IN OP(DIV) 1089/2016 FILED BEFORE THE FAMILY COURT, CHAVARA.

Exhibit P2 THE TRUE COPY OF THE POWER OF ATTORNEY DATED 22/08/2015 SUBMITTED BEFORE THE FAMILY COURT CHAVARA IN MC 148/2015 BY THE PETITIONER.

Exhibit P3 THE TRUE COPY OF THE I.A.2259/2019 DATED 22/11/2019 FILED IN OP(DIV) 1089/2016 BEFORE FAMILY COURT, CHAVARA.

Exhibit P4 THE CERTIFIED COPY OF THE ORDER DATED 27/11/2019 IN I.A.2259/2019 IN OP 1089/2019 BEFORE FAMILY COURT, CHAVARA.

EXHIBIT P5 THE TRUE COPY OF THE JUDGMENT DATED 29/7/2019 IN OP(DIV) 1089/2016 OF THE FAMILY COURT, CHAVARA

EXHIBIT P6 THE TRUE COPY OF THE DECREE DATED 29/7/2019 IN OP(DIV) 1089/2016 OF THE FAMILY COURT, CHAVARA