Kerala High Court
Ejo.P.J vs Divya Cyriac on 12 April, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
WEDNESDAY, THE 12TH DAY OF APRIL 2023 / 22ND CHAITHRA,
1945
O.P.(FC) NO.68 OF 2023
IN O.P.NO.434 OF 2016 ON THE FILE OF THE FAMILY COURT,
MUVATTUPUZHA
PETITIONER:
EJO P.J.,
AGED 36 YEARS,
S/O. JOY, PARIYATH HOUSE, PERIYAPURAM,
ONAKKOOR VILLAGE, MUVATTUPUZHA TALUK,
ERNAKULAM DISTRICT, PIN - 686667
BY ADVS.
R.BINDU (SASTHAMANGALAM)
G.RAJAGOPAL (KUMMANAM)
RESPONDENT:
DIVYA CYRIAC,
AGED 34 YEARS,
D/O. CYRIAC, PALLATHUKUZHIYIL HOUSE,
PANTHRANDAM MILE, MARKET JUNCTION, PALA,
KOTTAYAM, PIN - 686575
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION
ON 12.04.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2
O.P.(FC)No.68 of 2023
JUDGMENT
Anil K. Narendran, J.
The petitioner filed O.P.No.434 of 2016 on the file of the
Family Court, Muvattupuzha, against the respondent herein-
wife seeking a decree of divorce, invoking the provisions
under Section 10(1)(x) of the Indian Divorce Act, 1869. The
petitioner has filed this original petition, invoking the
provisions under Article 227 of the constitution of India,
seeking an order to set aside Ext.P5 order dated 29.12.2022.
2. On 06.02.2023, when this original petition came
up for admission, this Court issued notice on admission to
respondent by speed post, returnable within three weeks.
This Court granted an interim stay, as prayed for, for a period
of one month. Service of notice is not complete on the
respondent.
3. Today, when this matter is taken up for
consideration, the learned counsel for the petitioner would
point out an order dated 03.02.2023 of the Family Court in
I.A.No.4 of 2023 in O.P.No.434 of 2016, whereby Ext.P5 order
dated 29.12.2022 in I.A.No.3 of 2022 in O.P.No.434 of 2016
stands cancelled. The order dated 03.02.2023 in I.A.No.4 of
O.P.(FC)No.68 of 2023
2023, which reads thus;
"Objection filed. Heard both sides. On verification, it is
seen that there is an error apparent on the face of
record in the order dated 29.12.2022 in I.A.No.3 of
2022. Therefore, this I.A. is allowed and order dated
29.12.2022 is cancelled."
In such circumstances, this original petition is disposed
of recording the fact that Ext.P5 order, which is under
challenge in this original petition, has already been cancelled
by the order dated 03.02.2023 of the Family Court in I.A.No.4
of 2023 in O.P.No.434 of 2016.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
P.G. AJITHKUMAR, JUDGE
MIN
O.P.(FC)No.68 of 2023
APPENDIX OF OP (FC) 68/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF O.P.NO.434/2016 ON THE
FILES OF THE FAMILY COURT,
MUVATTUPUZHA DATED 29-07-2016
Exhibit P2 TRUE COPY OF THE OBJECTION IN O.P.NO.
434/2016 DATED 06-01-2018
Exhibit P3 TRUE COPY OF THE STATEMENT IN M. C.
NO. 104/2017 OF THE FAMILY COURT,
MUVATTUPUZHA DATED 19-09-2022
Exhibit P4 TRUE COPY OF THE APPLICATION DATED
19-09-2022 IN I.A.NO. 3/2022 IN
O.P.(DIV) NO. 434/2016
Exhibit P5 TRUE COPY OF THE ORDER DATED 29-12-
2022 PASSED BY THE FAMILY COURT,
MUVATTUPUZHA IN I. A. NO. 3/2022 IN
O.P.NO. 434/2016
