Leelamma Chacko @ Mini vs Titus Devasia
2021 Latest Caselaw 1528 Ker

OP (FC).No.11 OF 2017

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            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

         THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

                                  &

                  THE HONOURABLE MR.JUSTICE C.S.DIAS

   THURSDAY, THE 14TH DAY OF JANUARY 2021 / 24TH POUSHA, 1942

                        OP (FC).No.11 OF 2017

AGAINST THE ORDER/JUDGMENT IN OP 541/2016 OF FAMILY COURT,KOLLAM


PETITIONER/S:

                LEELAMMA CHACKO @ MINI
                AGED 42 YEARS, D/O.V.S. CHACKO, VALLIYAKULAM HOUSE,
                ANICKADU PO, PATHANAMTHITTA DISTRICT, REP. BY HER
                POWER OF ATTORNEY HOLDER, ANIYAMMA CHACKO, AGED 36
                YEARS, W/O.BIJU, PUNNATHOTTATHIL HOUSE, VAIPUR PO,
                KOTTANGAL VILLAGE, MALLAPPILLY THALUK,
                PATHANAMTHITTA DISTRICT.

                BY ADVS.
                SRI.R.SUDHEER
                SRI.R.PRATHEESH (ARANMULA)
                SMT.K.N.RAJANI
                SRI.P.SAJU

RESPONDENT/S:

                TITUS DEVASIA
                AGED 43 YEARS, S/O.K.J. DEVASIA, KOOVAKAD HOUSE,
                MAMOOD PO, CHANGANASSERY TALUK, KOTTAYAM DISTRICT.


     THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
14.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP (FC).No.11 OF 2017

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                         JUDGMENT

Dated this the 14th day of January 2021

A.Muhamed Mustaque,J.

This Original Petition was filed in the year 2017

challenging the order passed by the Family Court,

Ettumanoor. By that order, the petitioner's presence was

insisted before the court below. There is no stay in this

Original Petition. We do not find that this matter survives

for consideration. We dismiss the Original Petition treating

it as infructuous with liberty to re-open.

Sd/-

A.MUHAMED MUSTAQUE

JUDGE

Sd/-

ma/14/01/2021                               C.S.DIAS
                /True copy/                  JUDGE
 OP (FC).No.11 OF 2017






                            APPENDIX
PETITIONER'S/S EXHIBITS:

Ext.P1                  THE CERTIFIED COPY OF THE POWER OF ATTORNEY

EXECUTED ON 5.5.2016 BY THE PETITIONER IN FAVOUR OF HER SISTER ANIYAMMA CHACKO FILED IN THE FAMILY COURT, ETTUMANOOR

Ext.P2 TRUE COPY OF OP NO. 323/2016 DATED 19.3.2016 FILED AGAINST THE RESPONDENT BEFORE THE FAMILY COURT, ETTUMANOOR UNDER SECTION 10 OF INDIAN DIVORCE ACT

Ext.P3 CERTIFIED COPY OF THE COUNSELING REPORT DATED 9.5.2016

Ext.P4 TRUE COPY OF TE JOINT PETITION OP NO.

541/2016/ U/S. 10A OF THE INDIAN DIVORCE ACT FOR A DISSOLUTION OF THEIR MARRIAGE BY MUTUAL CONSENT FILED IN THE FAMILY COURT, ETTUMANOOR BY THE PETITIONER AND RESPONDENT HEREIN AS JOINT PETITIONERS

Ext.P5 TRUE COPIES OF THE AFFIDAVITS FILED BY THE PETITIONER AND THE RESPONDENT HEREIN AS PETITIONERS IN OP NO. 541/2016 BEFORE THE FAMILY COURT, ETTUMANOOR