Jincy George vs Jijo Jose Rodrigues
2022 Latest Caselaw 7519 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. 334 OF 2022
 AGAINST THE ORDER/JUDGMENT IN OPDIV 967/2021 OF FAMILY
                       COURT, ALAPPUZHA
PETITIONER:

         JINCY GEORGE, AGED 30 YEARS, D/O., GEORGE
         THOMAS,
         C/O RAMALINGAM STORE, LILLYPUR, RATRI NIVAS,
         PORT BLAIR, SOUTH ANDAMAN, ANDAMAN AND NICOBAR
         ISLAND-744 101

         BY ADVS.
         SANTHOSH MATHEW
         KARTHIK RAJAGOPAL
         KURIAN ANTONY MATHEW
         MANASA BENNY GEORGE
         SANITA SABU VARGHESE



RESPONDENT:

         JIJO JOSE RODRIGUES, AGED 33 YEARS,
         S/O. JOSEPH RODRIGUES, 18/1076A, JIJOVILLA,
         VAZHICHHERI WARD, HPO ALAPPUZHA, ALAPPUZHA P.O.,
         ALAPPUZHA DISTRICT, KERALA - 688 001

         BY ADV JOHN TONY AKKARA




     THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON
24.06.2022,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 OP (FC) NO. 334 OF 2022

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                    J U D G M E N T

A. Muhamed Mustaque, J

This original petition is filed by the 1 st petitioner

in O.P. (Div) No.967 of 2021 on the file of the Family

Court, Alappuzha. She along with the respondent filed the

above petition for divorce on mutual consent. The parties

are now residing at U.A.E. and they are unable to appear

in person before the Family Court, Alappuzha. They are

living separately since February 2020.

2. Today, they appeared before this Court online.

The respective counsel identified them. They are firm in

their decision to dissolve the marriage by mutual consent.

3. Having interacted with the parties, we are of

the view that their intention to separate their marriage

is bona fide. In the light of the interaction, we

dissolve the marriage between Jincy George, the petitioner

herein and Jijo Jose Rodrigues by decree of divorce. We

direct the Family Court, Alappuzha to pass a formal order

granting divorce without insisting the appearance of the OP (FC) NO. 334 OF 2022

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parties. The Family Court is directed to pass decree

within a period of one week. Both parties are directed to

produce a copy of this judgment before the Family Court.

This original petition is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE JUDGE

Sd/-

SOPHY THOMAS JUDGE PR OP (FC) NO. 334 OF 2022

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APPENDIX OF OP (FC) 334/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE ORIGINAL PETITION NUMBERED AS OP(DIV) 967/2021 ON THE FILE OF HONOURABLE FAMILY COURT AT ALAPPUZHA.

Exhibit P2 TRUE COPY OF IA 4/2021 IN OP(DIV) 967/2021 FOR WAIVING OFF THE COOLING PERIOD OF 6 MONTHS

Exhibit P3 TRUE COPY OF IA 5/2022 IN OP(DIV) 967/2021 FOR REQUESTING CONDUCTION OF THE PROCEEDINGS THROUGH VIDEO CONFERENCING.

Exhibit P4 TRUE COPY OF IA 6/2022 IN OP(DIV) 967/2021 REQUESTING CONDUCTION OF THE PROCEEDINGS THROUGH VIDEO CONFERENCING.

Exhibit P5 TRUE COPY OF THE SCREENSHOT DETAILS OF THE POSTING DATES FROM THE E-COURTS WEBSITE WITH REGARD TO OP(DIV) 967/2021 IN THE FILE OF HONOURABLE FAMILY COURT AT ALAPPUZHA.

Exhibit6 TRUE COPY OF IA 7/2022 IN OP(DIV) 967/2021 FOR ADVANCING THE CASE TO BE POSTED TO AN EARLIER DATE FOR ALLOWING THE PETITIONER AND RESPONDENT TO VISIT THE FAMILY COURT, ALAPPUZHA FOR COUNSELING.

Exhibit P7 TRUE COPY OF THE FLIGHT TICKET OF THE PETITIONER.

Exhibit P8 TRUE COPY OF THE RETURN FLIGHT TICKET OF THE PETITIONER OP (FC) NO. 334 OF 2022

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Exhibit P9 TRUE COPY OF THE JUDGMENT IN FINY SUSAN FRANCIS V. BINU PHILIP PAUL, 2016 KHC 275.

Exhibit P10 TRUE COPY OF THE JUDGMENT IN NIJO ANTONY, REPRESENTED BY MUKTHYAR AGENT ANTONY JOHN - DO-2 BISMI ANTONY AND ANOTHER; VERSUS NIL, 2021 SCC ONLINE KER 2636.