Dismissed

Dr.Subin Thomas v. Smt.Elvina Abraham

Kerala HC20 Sept 2012Mat.Appeal/886/2010

Case brief

AI extract

What is this about?

The High Court at Ernakulam allowed the appellant's application to withdraw the matrimonial appeal with liberty to file a fresh divorce petition under Section 10(VIII) of the Indian Divorce Act on grounds of willful desertion. The MAT Appeal was dismissed as withdrawn.

What did the court decide?

Leave to withdraw the matrimonial appeal with liberty to institute a fresh petition for divorce under Section 10(VIII) of the Indian Divorce Act on the ground of willful desertion.

Dr.Subin Thomas Vs Smt.Elvina Abraham — Matrimonial and Divorce | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE PIUS C.KURIAKOSE & THE HON'BLE MR. JUSTICE BABU MATHEW P.JOSEPH

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THURSDAY, THE 20TH DAY OF SEPTEMBER 2012/29TH BHADRA 1934

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Mat.Appeal.No. 886 of 2010 ( )

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-----------------------------OP.17/2010 of FAMILY COURT, KOTTAYAM

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APPELLANT/PETITIONER:

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====================

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DR.SUBIN THOMAS S/O.P.T.THOMAS, PUNNAMOOTTIL HOUSE, MUTTAMBALAM P.O. KOTTAYAM-686004.

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BY ADV. SRI.S.JAYAKRISHNAN

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RESPONDENT/RESPONDENT:

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=====================

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SMT.ELVINA ABRAHAM D/O.ABRAHAM JOSEPH, MANIMALETHU HOUSE MUTTAMBALAM P.O., SHANTHIPURAM HOUSING COLONY KOTTAYAM-686004.

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BY ADV. SRI.H.B.SHENOY SRI.B.ASHOK SHENOY SMT.LAKSHMI B.SHENOY SRI.ABU MATHEW SRI.SOBHAN GEORGE SRI.K.V.GEORGE

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THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 20-09-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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PIUS C.KURIAKOSE & BABU MATHEW P.JOSEPH,JJ

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--------------------------------------MAT Appeal No.886 Of 2010

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Dated this the 20^th day of September, 2012.

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J U D G M E N T

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Pius C.Kuriakose, J

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By I.A.No.2309/2012, the appellant/petitioner, husband seeks leave to withdraw from the present MAT Appeal with liberty to institute a fresh petition for divorce under Section 10 (VIII) of the Indian Divorce Act on the ground of willful desertion, before the Family Court, Kottayam at Ettumanoor. This application is very stiffly opposed by the learned counsel for the respondent. According to the learned counsel, the ground which is going to be invoked by the petitioner in the prospective original petition was in fact available to the petitioner at the time when O.P.No.17/2010 was filed. According to the learned counsel, the above ground was virtually invoked by the petitioner in the earlier O.P. Counsel submitted that at any rate the Court did consider the merits of the ground to be invoked by the

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MAT Appeal No.886 of 2010

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petitioner in the prospective original petition.

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We are not inclined to examine the correctness of the rival submissions regarding the question whether the ground which is going to be invoked in the prospective O.P was available to the petitioner at the time when O.P.No.17/2010 was filed or whether the merits of that ground was considered by the Court, we allow this application. The maintainability of the prospective original petition to be filed by the petitioner should be considered by the Family Court as a preliminary issue.

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MAT Appeal is dismissed as withdrawn.

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Sd/- PIUS C.KURIAKOSE, JUDGE.

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Sd/- BABU MATHEW P.JOSEPH, JUDGE

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//TRUE COPY//

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P.A TO JUDGE

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Dr.Subin Thomas v. Smt.Elvina Abraham

Case brief

What is this about?

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Dr.Subin Thomas v. Smt.Elvina Abraham

Case brief

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