Citation : 2022 Latest Caselaw 7231 Ker
Judgement Date : 23 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944
OP (FC) NO. 335 OF 2022
AGAINST THE ORDER/JUDGMENT IN OPDIV 2522/2019 OF FAMILY
COURT,ERNAKULAM
PETITIONER:
JOJIMOLE, AGED 35 YEARS, PARAVILA VEEDU,
KUMBALAM P.O., MULAVANA VIA PERAYAM VILLAGE,
KOLLAM DISTRICT, PIN CODE - 691 503
REPRESENTED BY ITS POWER OF ATTORNEY HOLDER
P.J.JOLLY, AGED 65 YEARS S/O JEROME, RESIDING AT
PARAVILA VEEDU, KUMBALAM P.O., MULAVANA VIA
PERAYAM VILLAGE, KOLLAN DISTRICT, PIN - 691 503
BY ADV VISHAK.K.JOHNSON
RESPONDENT:
LEJU GEORGE, AGED 43 YEARS, MADATHEDATH VEEDU,
ERUVELI, CHOTTANIKARA P.O., KANAYANNUR,
ERNAKULAM, PIN - 682 312
THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON
23.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP (FC) NO. 335 OF 2022
..2..
J U D G M E N T
A. Muhamed Mustaque, J
This original petition is filed aggrieved by Ext.P4
order. Ext.P4 is an order for early hearing of the case.
The respondent is the petitioner. She filed a petition
for divorce. The petitioner herein is currently residing
at Israel and she finds difficult to come over to India
due to her job. Feeling that the case will be advanced
and she will not get an opportunity to adduce evidence,
she has approached this Court.
2. On last occasion, we directed to ascertain the
willingness of the petitioner to come online. She
submitted that she can come online on 20.07.2022 after the
present shift arrangement of her job is over.
3. In such circumstances, we allow the petitioner
to adduce evidence online. The Family Court, Ernakulam,
shall record her evidence online by using the video
platform Google or Zoom.
OP (FC) NO. 335 OF 2022
..3..
4. It is to be noted that the Family Court
appointed an Advocate Commissioner in this matter to
record the evidence of the parties, since the petitioner
has been allowed to adduce evidence online, the Court
itself has to record the evidence online. If the evidence
cannot be concluded on that day, the Family Court,
Ernakulam shall adjourn the matter to any other convenient
date for the petitioner.
With the observations and directions as above, this
original petition is disposed of.
Sd/-
A.MUHAMED MUSTAQUE JUDGE
Sd/-
SOPHY THOMAS JUDGE PR OP (FC) NO. 335 OF 2022
..4..
APPENDIX OF OP (FC) 335/2022
PETITIONER EXHIBITS
Exhibit1 TRUE COPY OF THE NOTARIZED POWER OF ATTORNEY DATED 08/08/2019
Exhibit2 A TRUE COPY OF THE PETITION IN O P (DIV) 2522/20219 BEFORE THE HON'BLE FAMILY COURT ERNAKULAM
Exhibit3 A TRUE COPY OF THE PETITION IN OP (G&W) 2022 OF 2019 BEFORE THE BEFORE THE HONBLE FAMILY COURT ERNAKULAM
Exhibit4 A TRUE COPY OF THE ORDER IN I A 4280/2021 IN O P (DIV) 2522/20219 BEFORE THE HON'BLE FAMILY COURT ERNAKULAM
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