Dr. Sruthi Cyril Philip vs Dr. Tittu Kalathiparambil Thomas
2023 Latest Caselaw 9382 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 25TH DAY OF AUGUST 2023 / 3RD BHADRA, 1945

                     OP (FC) NO. 441 OF 2023

 IA NO.2/2023 IN OPDIV 1243/2023 OF FAMILY COURT, ERNAKULAM

PETITIONER/2ND PETITIONER:

  DR. SRUTHI CYRIL PHILIP, AGED 26 YEARS, D/O.CYRIL PHILIP,
  CHERUKARA HOUSE, KUMARANALOOR P.O, KOTTAYAM-686016, DULY
  REPRESENTED BY HER POWER OF ATTORNEY SOLY JOSEPH, AGED 52
  YEARS, W/O CYRIL PHILIP, RESIDING AT CHERUKARA HOUSE,
  KUMARANALLOR P.O., KOTTAYAM -686016.

  BY ADVS.
  NOEL JACOB
  M.S.AMAL DHARSAN
  THUSHARA JAMES


RESPONDENT/1ST PETITIONER:

 DR. TITTU KALATHIPARAMBIL THOMAS, AGED 36 YEARS,
 S/O THOMAS KALATHIPARAMBIL THOMAS, KALATHIPARAMBIL HOUSE,
 CHENNAMKARY P.O, ALAPPUZHA - 688501, PRESENTLY RESIDING AT
 MATHER EL CASTILLO, NR. BOXING CLUB, JAWAHAR NAGAR,
 KADAVANTHARA, ERNAKULAM, PIN - 682020.

 BY ADVS.
 K.S.HARIHARAPUTHRAN
 SETHURAM DHARMAPALAN(K/000789/2016)
 PINKU MARIAM JOSE(K/749/2015)

     THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
25.08.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 OP(FC) No.441/2023                    2



                            J U D G M E N T

A.Muhamed Mustaque, J.

This original petition was filed by one of the parties

in joint petition OP (Div.) No.1243 of 2023 on the file of

the Family Court, Ernakulam. They have filed a joint petition

for dissolution of marriage by mutual consent before the

Family Court, Ernakulam. Now the parties resolved their

entire disputes. The respondent also handed over two cheques

(Cheque No.017704 dated 28.11.2023 for Rs.12,50,000/- and

Cheque No.017705 dated 28.12.2023 for Rs.12,50,000/-) in full

and final satisfaction of the claim of the petitioner.

2. Both parties came online and their counsel have

identified them. They are firm in their decision. They have

been separated for more than three years.

3. Having considered the facts and circumstances, we

are of the view that the marriage has to be dissolved.

Accordingly, we direct the Family Court, Ernakulam, to record

the interaction made by us and dissolve the marriage without

further delay and without insisting personal appearance, by

passing a decree of divorce. Needful shall be done within a

period of two weeks from the date of receipt of a copy of

this judgment.

This original petition is disposed of.

Sd/-

A.MUHAMED MUSTAQUE JUDGE

Sd/-

SOPHY THOMAS JUDGE DSV/-

APPENDIX OF OP (FC) 441/2023

PETITIONER'S EXHIBITS :

Exhibit P1 TRUE COPY OF THE ORIGINAL PETITION O.P(DIV) NO. 1243/2023 FILED BEFORE THE FAMILY COURT, ERNAKULAM.

Exhibit P2 TRUE COPY OF THE SCREENSHOT EVIDENCING PAYMENT OF FEES AND MESSAGE FROM THE UNIVERSITY.

Exhibit P3 TRUE COPY OF THE ADVANCE PETITION I.A NO.

2/2023 IN O.P(DIV) NO. 1243/2023.

RESPONDENT'S EXHIBITS : NIL