Linto Thomas vs Tigi Thomas Josh
2022 Latest Caselaw 7491 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
        THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                 &
              THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
     FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
                      OP (FC) NO. 364 OF 2022
  AGAINST THE ORDER/JUDGMENT IN OP 383/2022 OF FAMILY COURT,
                          PATHANAMTHITTA
PETITIONER:

         LINTO THOMAS, AGED 34 YEARS, C-4/10,
         SREE GURUDATT CO-OPERATIVE HOUSING SOCIETY, SECTOR
         46, NAVI
         MUMBAI, NERUL, THANE, MAHARASHTRA - 689 648
         REPRESENTED BY THE POWER OF ATTORNEY HOLDER, MR.
         TITU K. PANICKER, AGED 28, S/O. CHACKO KOSHY
         PANICKER, T.C. NO. 5/179, PARANKIMAM VILA THAZATHIL,
         ARUMURIKADA, KUNDARA P.O., KOLLAM - 691 501.

         BY ADVS.
         J.G.SYAMNATH
         V.S.VISWAMBHARAN



RESPONDENT:

         TIGI THOMAS JOSH, AGED 32 YEARS, THOLOOR HOUSE,
         KAIPATTOOR P.O., PATHANAMTHITTA, KERALA - 689 648,
         REPRESENTED BY THE POWER OF ATTORNEY HOLDER, MR.
         THOLOOR JOSH THOMAS, AGED 59, RESIDING AT THOLOOR
         HOUSE, KAIPATTOOR P.O., PATHANAMTHITTA, KERALA - 689
         648.

         BY ADVS.
         ARUN.B.VARGHESE
         AISWARYA V.S.(K/001596/2018)




     THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
24.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP (FC) NO. 364 OF 2022

                               ..2..




                     J U D G M E N T

A. Muhamed Mustaque, J

This original petition is filed aggrieved by an order

dismissing a petition dispensing the cooling off period

filed in a petition for divorce on mutual consent. The

petitioner and the respondent, invoking Section 10A of the

Indian Divorce Act, filed a petition for divorce on mutual

consent before the Family Court Pathanamthitta on

28.03.2022. In that petition, they filed an application

to waive the cooling off period. The petitioner is

currently in Ireland and the respondent is residing in New

Zealand. It is submitted that the parties are not in a

position to come personally before the Court to give

evidence. The petition for divorce was filed through the

power of attorney holder.

2. Having considered the facts and circumstances,

we find no reason to interfere with the impugned order and

there is no circumstances warranting to waive cooling off

period. However, we allow both to appear through Google OP (FC) NO. 364 OF 2022

..3..

Meet or Zoom platform before the Family Court on

1.10.2022. The respective counsel will have to identify

them. Based on the interaction of the parties, the Court

can pass appropriate decree on the same day itself.

This original petition is disposed of.

Sd/-

A.MUHAMED MUSTAQUE JUDGE

Sd/-

SOPHY THOMAS JUDGE PR OP (FC) NO. 364 OF 2022

..4..

APPENDIX OF OP (FC) 364/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF I.A. NO. 2 OF 2022 IN OP 383/2022 OF FAMILY COURT, PATHANAMTHITTA

Exhibit P2 TRUE COPY OF I.A. NO. 3 OF 2022 IN OP 383/2022 OF FAMILY COURT, PATHANAMTHITTA

Exhibit P3 TRUE COPY OF THE ORDER DATED 20/04/2022 IN I.A. NO. 2 OF 2022 IN THE O.P. NO. 383/2022 ON THE FILES OF FAMILY COURT, PATHANAMTHITTA