Rahul R.Pai vs Aswini Radhakrishna Pai
2022 Latest Caselaw 4070 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
           THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                   &
             THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
   THURSDAY, THE 7TH DAY OF APRIL 2022 / 17TH CHAITHRA, 1944
                      OP (FC) NO. 452 OF 2020
        AGAINST THE ORDER/JUDGMENT IN OP 262/2020 OF FAMILY
                          COURT,ERNAKULAM
PETITIONER/S:

            RAHUL R.PAI, AGED 37 YEARS,
            S/O. K.R. RANJITH PAI, SRISHANIKETAN, 49/723B,
            KRISHNA LANE, PUTHUKALAVATTOM ROAD,
            ELAMAKKARA, KOCHI-26.
            BY ADVS.
            R.LAKSHMI NARAYAN
            SMT.R.RANJANIE


RESPONDENT/S:

    1       ASWINI RADHAKRISHNA PAI, AGED 33 YEARS,
            D/O. RADHAKRISHNA N PAI, RESIDING AT 4/1376,
            DR. J.A. BHAT ROAD, NEAR KARIPPALAM,
            MATTANCHERY TOWN, ERNAKULAM, KERALA-682 002.
    2       DHANALAKSHMI BANK LIMITED, PALARIVATTOM BRANCH,
            OPPOSITE KSEB, SN JUNCTION, ERNAKULAM DISTRICT-682
            025, REPRESENTED BY THE BRANCH MANAGER.
            BY ADVS.
            SRI.B.ASHOK SHENOY
            KUM.APARNA SOMARAJAN
            SRI.RIYAL DEVASSY
            SMT.MERSEENA VINCENT
            SRI.P.S.GIREESH
            SRI.T.K.RAJESHKUMAR
            SHRI.ANILKUMAR C.R.
  THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 07.04.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP (FC) No.452/2020              2




                          JUDGMENT

A.Muhamed Mustaque, J.

This original petition paved the way for settling

all the disputes pending between the parties. The

settlement has been arrived at due to the intervention

of both counsel, at the instance of the parties. We

appreciate both counsel for their earnest effort, in

settling the disputes between the parties. The joint

petition for divorce has been filed before this Court as

I.A.No.2/2022. The terms of settlement arrived at are

entered in the joint petition, and that is recorded. The

divorce petition filed by the husband is pending as

O.P.No.485/2020 before the Family Court, Ernakulam.

2. We interacted with the parties. The parties

are firm in their decision to dissolve their marriage.

In the light of the joint petition filed before this

Court under Section 13B of the Hindu Marriage Act, 1955,

we direct the Family Court to pass a formal decree for

dissolving the marriage between Rahul R.Pai and Aswini

Radhakrishna Pai, solemnised on 4.9.2009.

The original petition is disposed of as above.

We direct the registry to forward a copy of

I.A.No.2/2022 to the Family Court, Ernakulam forthwith

for passing the decree as directed.

Sd/-

A.MUHAMED MUSTAQUE, JUDGE

Sd/-

SOPHY THOMAS, JUDGE ln

APPENDIX OF OP (FC)NO.452/2020

PETITIONER'S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE O.P. NO. 262/2020 ON THE FILE OF THE FAMILY COURT, ERNAKULAM.

EXHIBIT P2 THE TRUE COPY OF I.A. NO. 631/2020 IN O.P.NO.262/2020.

EXHIBIT P3 THE TRUE COPY OF THE LIST OF DOCUMENTS IN EXT.P1 O.P.

EXHIBIT P4 THE TRUE COPY OF RECEIPTS PERTAINING TO DEPOSITS INCLUDED AS SL.NOS. 3 TO 7 IN THE SCHEDULE ATTACHED TO EXT.P2. EXHIBIT P5 THE TRUE COPY OF RECEIPT PERTAINING TO DEPOSIT INCLUDED AS SL.NO. 8 IN THE SCHEDULE ATTACHED TO EXT.P2.

EXHIBIT P6 THE TRUE COPY OF THE COMMUNICATION DATED 21.1.2020 ISSUED BY THE SECOND RESPONDENT BANK, AND INCLUDED AS SL. NO. 2 IN EXT.P3.

EXHIBIT P7 THE TRUE COPY OF I.A. NO. 2253/2020 SUBMITTED BY THE PETITIONER BEFORE THE FAMILY COURT.

EXHIBIT P8 THE TRUE COPY OF THE LIST OF DOCUMENTS SUBMITTED ALONG WITH EXT. P7 APPLICATION.

EXHIBIT P9 THE TRUE COPY OF THE COMMUNICATION DATED 10.07.2020 ISSUED BY THE SECOND RESPONDENT BANK.

EXHIBIT P10 THE TRUE COPY OF THE COMMUNICATION DATED 10.07.2020 ISSUED BY SECOND RESPONDENT BANK TO PETITIONER.

EXHIBIT P11 THE TRUE COPY OF COMMUNICATION DATED 14.7.2020 ISSUED BY THE 2ND RESPONDENT BANK TO THE PETITIONER.

EXHIBIT P12 THE TRUE COPY OF THE STATEMENT FILED BY THE SECOND RESPONDENT BEFORE THE FAMILY COURT, ERNAKULAM.

EXHIBIT P13 THE TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE FIRST RESPONDENT IN EXT. P7 APPLICATION.

EXHIBIT P14 THE TRUE COPY OF THE REPLY AFFIDAVIT DATED 25.9.2020 SUBMITTED BY THE PETITIONER.

EXHIBIT P15 THE TRUE COPY OF THE LIST OF DOCUMENTS DATED 25.9.2020 SUBMITTED ALONG WITH EXT. P14, ALONG WITH THE DOCUMENTS. EXHIBIT P16 THE TRUE COPY OF THE ORDER DATED 30.09.2020 IN IA NO. 2253/2020 IN IA NO. 631/2020 IN O.P. 262/2020.

EXHIBIT P17 THE TRUE COPY OF THE COMPLAINT, M.C. NO.

31/2020 FILED BY THE 1ST RESPONDENT AGAINST THE PETITIONER AND HIS PARENTS FILED BEFORE THE JUDICIAL FIRST CLASS MAGSTRATE COURT NO. II AT ALUVA. EXHIBIT P18 PHOTOCOPY OF THE STATEMENT GIVEN BY DHANALAKSHMI BANK FOR NRE ACCOUNT NO.005500500062666 OF RESPONDENT. EXHIBIT P19 PHOTOCOPY OF THE STATEMENT GIVEN BY DHANALAKSHMI BANK FOR NRO ACCOUNT NO.005500400001630 OF RESPONDENT. EXHIBIT P20 PHOTOCOPY OF THE STATEMENT GIVEN BY FEDERAL BANK FOR RESIDENT SB ACCOUNT NO.11840100300561 OF RESPONDENT. EXHIBIT P21 PHOTOCOPY OF THE STATEMENT GIVEN BY CENTRAL BANK OF INDIA FOR NRO ACCOUNT NO.3651942858 OF RESPONDENT. EXHIBIT P22 PHOTOCOPY OF THE STATEMENT GIVEN BY UNION BANK OF INDIA, FOR NRE ACCOUNT NO.520121001201364 OF RESPONDENT. EXHIBIT P23 PHOTOCOPY OF THE STATEMENT GIVEN BY HDFC BANK, FOR NRE ACCOUNT NO.50100068364415, OF RESPONDENT.

EXHIBIT P24 PHOTOCOPY OF THE STATEMENT GIVEN BY FEDERAL BANK, FOR FD RESIDENT ACCOUNT NO. 11840300302649 OF RESPONDENT. EXHIBIT P25 PHOTOCOPY OF THE STATEMENT GIVEN BY UNION BANK OF INDIA, FOR FD NRE ACCOUNT NO 53015100012444235/O OF RESPONDENT. EXHIBIT P26 PHOTOCOPY OF THE STATEMENT GIVEN BY DHANALAKSHMI BANK, FOR F.D.NRE ACCOUNT NO. 005545700000139 OF RESPONDENT EXHIBIT P27 PHOTOCOPY OF THE STATEMENT OF ACCOUNT ISSUED BY CENTRAL BANK OF INDIA, FOR F.D. NRE ACCOUNT NO. 3656536090 OF RESPONDENT.