Girish Pothen vs Nil
2021 Latest Caselaw 6742 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

      THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

                                &

     THE HONOURABLE MR.JUSTICE DR. KAUSER EDAPPAGATH

 THURSDAY, THE 25TH DAY OF FEBRUARY 2021 / 6TH PHALGUNA,
                           1942

                    Mat.Appeal.No.125 OF 2021

AGAINST THE ORDER/JUDGMENT IN OPHMA 557/2019 DATED 01-12-
             2020 OF FAMILY COURT, ALAPPUZHA


APPELLANTS:

     1        GIRISH POTHEN, AGED 40 YEARS, S/O.KRISHNAN,
              KRISHNAGIRI HOUSE-5, KAMALESWARAM VILLAGE,
              MANACAD P.O., THIRUVANANTHAPURAM.

     2        MEERA, AGED 34 YEARS, D/O.P.MOHANAN PILLAI,
              REVATHY, VALAMANGALAM SOUTH P.O., CHERTHALA,
              DISTRICT ALAPUZHA.

              BY ADVS.
              SRI.K.REGHU KOTTAPPURAM
              SRI.R.MAHESH (KOTTAPPURAM)
              SRI.MURUKESH REGHU

RESPONDENT:

              NIL



     THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON
25.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 Mat.Appeal.No.125 OF 2021

                               ..2..




                           JUDGMENT

Dated this the 25th day of February 2021 A.Muhamed Mustaque, J

The petition filed by the appellants under

Sec.13B of the Hindu Marriage Act has been dismissed

by the Family Court, Alapuzha. This was for the reason that the parties failed to swear in an

affidavit or to file a petition for video

conferencing to have an interaction with the Court

when the matter was being taken up. Assailing this

order, this Mat. Appeal has been preferred by the

parties.

2. We interacted with the parties and came to

a conclusion that the parties stick to their stand

in the decision of dissolving the marriage. In such

circumstances, we find that there is no scope for

further enquiry to be made and that the marriage has

to be dissolved based on the petition filed under

Sec.13B of the Hindu Marriage Act. Mat.Appeal.No.125 OF 2021

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3. In the wedlock, the parties have a ten

year old boy, namely Nived Pothen. The parties also

agreed in regard to the custody of the child. The

mother will retain the custody. On Second Saturday

of every month at 10 am the child will be handed

over to the father at the Thuravoor Temple premises.

The father agreed to return the child on the ensuing

Sunday at 5 pm at the same premises. The father

also agreed to pay sum of Rs.10,000/- towards

maintenance for the child per month through the Bank

account of the mother. It is submitted before the

Court that the father has already conveyed a

property in the name of the child.

4. In view of the above, we dispose of the

appeal with the following directions:

(i) The marriage between Girish Pothen and

Meera solemnised on 18.04.2008 is hereby dissolved

by a decree of divorce.

(ii) The child will be in the custody of the Mat.Appeal.No.125 OF 2021

..4..

mother subject to the visitation rights of the

father and have a custody on the 2nd Saturday of

every month as mentioned in the foregoing paragraph.

The father shall pay a sum of Rs.10,000/- per month

towards maintenance for the child.

With the consent of the parties, the above

decree is passed and the appeal is disposed of as

above.

Sd/-

A.MUHAMED MUSTAQUE

JUDGE

Sd/-

KAUSER EDAPPAGATH

JUDGE

PR Mat.Appeal.No.125 OF 2021

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APPENDIX PETITIONERS EXHIBITS:

ANNEXURE A1 CERTIFIED COPY OF JOINT PETITION DATED 26.06.2019.