Rony Sam vs Anu Roy @ Any Vayala Mani
2021 Latest Caselaw 5787 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

      THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

                              &

              THE HONOURABLE MR.JUSTICE C.S.DIAS

     WEDNESDAY, THE 17TH DAY OF FEBRUARY 2021 / 28TH
                        MAGHA,1942

                    OP (FC).No.31 OF 2021

 AGAINST THE ORDER/JUDGMENT IN OPDIV 128/2015 OF FAMILY
                 COURT, PATHANAMTHITTA


PETITIONER:

              RONY SAM, AGED 44 YEARS, S/O
              M.A.SAMUEL,RESIDING AT KVRA 14, MELETH
              HOUSE,AYYANKALI, ROAD, CHENNILODU, MEDICAL
              COLLEGE.P.O, THIRUVANANTHAPURAM AND RESIDING
              AT MELETHU HOUSE, KALLISSERY.P.O, CHENGANNUR,
              ALAPPUZHA AND PRESENTLY RESIDING AT ERNAKULAM.

              BY ADV. SMT.MAJIDA.S

RESPONDENT:

              ANU ROY @ ANY VAYALA MANI
              DO.V.C.MANI,VAYALA HILLS MANDIRAM,
              P.O.RANNI,PATHANAMTHITTA.

              R1 BY ADV. SRI.JACOB P.ALEX
              R1 BY ADV. SRI.JOSEPH P.ALEX
              R1 BY ADV. SHRI.MANU SANKAR P.

     THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON
17.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 OP (FC).No.31 OF 2021

                                 ..2..




                            JUDGMENT

Dated this the 17th day of February 2021

A.Muhamed Mustaque, J

This original petition was filed challenging the

proceedings initiated under Sec.44 of the Divorce

Act, 1869 after the disposal of O.P.(Divorce)No.128 of 2015. Ext.P4 is the petition filed by the

respondent before the Family Court, Pathanamthitta.

Admittedly, the original petition filed by the

husband has been dismissed by the Family Court.

2. Today when the matter was taken up, the

learned counsel for the respondent submits that she

is not pressing the petition under Sec.44 of the

Divorce Act and she may be reserved with liberty to

initiate fresh proceedings in accordance with law.

3. In the light of the above, we record the

above submission that she is not pressing Ext.P4.

The respondent is given the liberty to initiate OP (FC).No.31 OF 2021

..3..

fresh proceedings in accordance with law.

This original petition is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE

JUDGE

Sd/-

C.S.DIAS

JUDGE

PR OP (FC).No.31 OF 2021

..4..

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE O.P.(DIVORCE) NO.128/2015 DATED 14.05.2014 ON THE FILE OF FAMILY COURT,PATHANAMTHITTA.

EXHIBIT P2 TRUE COPY OF THE STATEMENT OF OBJECTIONS DATED 31.05.2016 IN O.P(DIVORCE)N.128/2015.

EXHIBIT P3 TRUE COPY OF THE I.A.NO.2/2020 IN O.P.

(DIVORCE)NO.128/2015 DATED 13.11.2020.

EXHIBIT P4 TRUE COPY OF THE I.A.NO.3/2020 IN O.P.

(DIVORCE)NO.128/2015 DATED 27.11.2020

EXHIBIT P5 TRUE COPY OF THE I.A.NO.4/2020 IN O.P.

(DIVORCE)NO.128/2015 DATED 27.11.2020.

EXHIBIT P6 TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER TO EXHIBIT P3(I.A.NO.2/2020)DATED 22.11.2020.

EXHIBIT P7 TRUE COPY OF THE OBJECTION FILED BY PETITIONER TO EXHIBIT-

P4(I.A.NO.3/2020)DATED 1.12.2020.

EXHIBIT P8 TRUE COPY OF THE OBJECTION FILED BY PETITIONER TO EXHIBIT-

P5(I.A.NO.4/2020)DATED 1.12.2020.

EXHIBIT P9 TRUE COPY OF THE I.A.NO.6/2021 DATED 12.1.2021 IN O.P.(DIVORCE)NO.128/2015 BEFORE THE FAMILY COURT,PATHANAMTHITTA.