Tinu Joseph vs Nil
2021 Latest Caselaw 15357 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
      THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                              &
      THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
THURSDAY, THE 22ND DAY OF JULY 2021 / 31ST ASHADHA, 1943
                 OP (FC) NO. 357 OF 2021
 AGAINST THE ORDER/JUDGMENT IN OPDIV 1340/2019 OF FAMILY
          COURT, PATHANAMTHITTA, PATHANAMTHITTA
PETITIONERS/PETITIONERS:

            1. TINU JOSEPH, AGED 37 YEARS, S/O C.K.
               JOSEPH, CHERIYAKIDANGELIL HOUSE, KURUNGAZHA
               P.O, PULLAD, THIRUVALLA TALUK,
               PATHANAMTHITTA 689 548

            2. ROSHAN THOMAS, AGED 32 YEARS, D/O THOMAS,
               KRIPA BHAVAN, ELAMANNOOR P.O, MANGADU,
               EZHAMKULAM, ADOOR TALUK, PATHANAMTHITTA 691
               524
         BY ADVS.
         MANU RAMACHANDRAN
         M.KIRANLAL
         R.RAJESH (VARKALA)
         T.S.SARATH
         SAMEER M NAIR


RESPONDENTS/RESPONDENTS:

         NIL

  THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
22.07.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 OP (FC) NO. 357 OF 2021
                                ..2..



                              JUDGMENT

A.Muhamed Mustaque, J

The petitioners are the petitioners in O.P (Div)

No. 1340 of 2019 on the file of the Family court,

Pathanamthitta.

2. They filed the petition under Sec.10A of

the Divorce Act, 1869 for divorce on mutual consent.

The petitioners are christian by faith and their

marriage was solemnized on 29.09.2014 as per the

religious rites of Christianity at St.Johns Orthodox

Syrian Church, Memala, Vennikulam, Pathanamthitta. The petitioners are working in Qatar. They have come

down to India with a hope that their case will be

taken and disposed of.

3. There is no presiding officer in the Family

Court, Pathanamthitta. The matters are being taken

up in the Family Court, Thiruvalla. They may have to

go back to Qatar at any moment. Since they apprehend OP (FC) NO. 357 OF 2021 ..3..

that the case will not be taken up in the Family

Court, Thiruvalla, they approached this Court with

this original petition.

4. We interacted with the petitioners

virtually. They are educated individuals and they

are firm in their decisions. Adv.Sri. Manu

Ramachandran, the learned counsel for the

petitioners, identified them. They are living

separately from 15.02.2016 onwards. We are satisfied

with their bona fide intention to separate mutually.

In the light of interaction we had, there need not be

any further interaction by the Family Court. We

record the statements made by the petitioners

virtually for separation by mutual consent.

5. In light of facts and circumstances, we

dispose of this original petition with the following

directions:

i. O.P (Div) No.1340 of 2019 on the file of

the Family Court, Pathanamthitta shall be transferred

to the Family Court, Thiruvalla.

ii. In the light of the interaction we had with OP (FC) NO. 357 OF 2021 ..4..

the parties, the Family Court, Thiruvalla is directed

to pass a decree of divorce on mutual consent without

insisting further presence of the parties before the

Family Court.

iii. Appropriate orders shall be passed within a

period of four weeks.

Sd/-

A.MUHAMED MUSTAQUE JUDGE

Sd/-

DR. KAUSER EDAPPAGATH JUDGE PR OP (FC) NO. 357 OF 2021 ..5..

APPENDIX OF OP (FC) 357/2021

PETITIONER ANNEXURE Exhibit P1 THE TRUE COPY OF THE O.P(DIV)NO.1340 OF 2019 ON THE FILES OF FAMILY COURT, PATHANAMTHITTA.

Exhibit P2 THE TRUE COPY OF THE CASE-STATUS OF O.P(DIV)NO.1340 OF 2019 ON THE FILES OF FAMILY COURT, PATHANAMTHITTA FROM e-COURTS DOMAIN.