Disposed

Tinu Joseph, v. Nil

Kerala HC22 Jul 2021OP (FC)/357/2021

Case brief

AI extract

What is this about?

The High Court of Kerala transferred a mutual consent divorce petition from Pathanamthitta to Thiruvalla Family Court for petitioners residing in Qatar. The court directed Thiruvalla to pass a decree without requiring further physical presence based on virtual interaction satisfactory with the parties' bona fide intent.

What did the court decide?

Transfer of O.P.(Div) No. 1340 of 2019 to Family Court, Thiruvalla and direction to pass decree of divorce on mutual consent without further presence of parties.

Tinu Joseph, Vs Nil — Matrimonial and Divorce | Kerala HC (2021)

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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 A.MUHAMED MUSTAQUE

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THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH THURSDAY, THE 22^ND DAY OF JULY 2021 / 31ST ASHADHA, 1943 OP (FC) NO. 357 OF 2021

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AGAINST THE ORDER/JUDGMENT IN OPDIV 1340/2019 OF FAMILY COURT, PATHANAMTHITTA, PATHANAMTHITTA

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PETITIONERS/PETITIONERS:

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1. TINU JOSEPH, AGED 37 YEARS, S/O C.K. JOSEPH, CHERIYAKIDANGELIL HOUSE, KURUNGAZHA P.O, PULLAD, THIRUVALLA TALUK, PATHANAMTHITTA 689 548

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2. ROSHAN THOMAS, AGED 32 YEARS, D/O THOMAS, KRIPA BHAVAN, ELAMANNOOR P.O, MANGADU, EZHAMKULAM, ADOOR TALUK, PATHANAMTHITTA 691 524

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BY ADVS. MANU RAMACHANDRAN M.KIRANLAL R.RAJESH (VARKALA) T.S.SARATH SAMEER M NAIR

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RESPONDENTS/RESPONDENTS:

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NIL

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THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 22.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP (FC) NO. 357 OF 2021

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JUDGMENT

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A.Muhamed Mustaque, J

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The petitioners are the petitioners in O.P (Div) No. 1340 of 2019 on the file of the Family court, Pathanamthitta.

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They filed the petition under Sec.10A of the Divorce Act, 1869 for divorce on mutual consent. The petitioners are christian by faith and their marriage was solemnized on 29.09.2014 as per the religious rites of Christianity at St.Johns Orthodox Syrian Church, Memala, Vennikulam, Pathanamthitta. The petitioners are working in Qatar. They have come down to India with a hope that their case will be taken and disposed of.

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There is no presiding officer in the Family Court, Pathanamthitta. The matters are being taken up in the Family Court, Thiruvalla. They may have to go back to Qatar at any moment. Since they apprehend

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OP (FC) NO. 357 OF 2021

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that the case will not be taken up in the Family Court, Thiruvalla, they approached this Court with this original petition.

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We interacted with the petitioners virtually. They are educated individuals and they are firm in their decisions. Adv.Sri. Manu Ramachandran, the learned counsel for the petitioners, identified them. They are living separately from 15.02.2016 onwards. We are satisfied with their bona fide intention to separate mutually. In the light of interaction we had, there need not be any further interaction by the Family Court. We record the statements made by the petitioners virtually for separation by mutual consent.

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In light of facts and circumstances, we dispose of this original petition with the following directions:

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i. O.P (Div) No.1340 of 2019 on the file of the Family Court, Pathanamthitta shall be transferred to the Family Court, Thiruvalla.

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ii. In the light of the interaction we had with

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OP (FC) NO. 357 OF 2021

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..4..

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the parties, the Family Court, Thiruvalla is directed to pass a decree of divorce on mutual consent without insisting further presence of the parties before the Family Court.

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iii. Appropriate orders shall be passed within a period of four weeks.

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Sd/-

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A.MUHAMED MUSTAQUE

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JUDGE

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Sd/-

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DR. KAUSER EDAPPAGATH JUDGE

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OP (FC) NO. 357 OF 2021

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APPENDIX OF OP (FC) 357/2021

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PETITIONER ANNEXURE

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Exhibit P1 THE TRUE COPY OF THE O.P(DIV)NO.1340 OF 2019 ON THE FILES OF FAMILY COURT, PATHANAMTHITTA.

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Exhibit P2

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THE TRUE COPY OF THE CASE-STATUS OF O.P(DIV)NO.1340 OF 2019 ON THE FILES OF FAMILY COURT, PATHANAMTHITTA FROM e-COURTS DOMAIN.

Tinu Joseph, v. Nil

Case brief

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Tinu Joseph, v. Nil

Case brief

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