Ordered Family Court to dispose of divorce Section 13B petition allowing absent respondent to appear via video conferencing while present petitioner must be in person. Scheduled statement date.
Family Court to dispose of petition allowing online appearance for absent party on 6/10/2021.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH THURSDAY, THE 30TH DAY OF SEPTEMBER 2021 / 8TH ASWINA, 1943 OP (FC) NO. 468 OF 2021
ARISING OUT OF OPDIV 200/2019 OF FAMILY COURT, ETTUMANOOR,
KOTTAYAM
PETITIONER:
DEEPTHY SUDHAKAR, AGED 29 YEARS D/O. SUDHAKARAN, ALUMKATTAYIL HOUSE, PERUVA KARA, MULAKULAM VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT, PIN-686610.
BY ADVS. S.ABHILASH VISHNU K.R.MONISHA
RESPONDENT:
SATHEESAN, AGED 31 YEARS S/O. SASI, MANNATHARA HOUSE, THALAYAZHAM KARA, MULAKULAM VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT, PIN-686610.
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 30.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(FC).No.468/2021
-:2:-
Dated this the 30th day of September, 2021
A.Muhamed Mustaque,J.
The petitioner is the petitioner in a joint petition for
divorce filed u/s 13B of the Hindu Marriage Act, 1955 before the Family
Court, Ettumanoor. The case has been numbered as O.P.(Div) No.200/2019.
It is submitted that respondent is in Dubai and he is not in a position to
come down to Kerala. It is further submitted that petitioner is available at
home town. Learned counsel for the petitioner submits that the parties
may be permitted to appear through video conferencing and thereafter to
conclude the proceedings accordingly.
Family Court to dispose of Section 13B petition allowing party/parties who
cannot be present physically, to appear through online mode. However, the
O.P.(FC).No.468/2021
party who is available in India shall physically be present before the Family
Court. The Advocate or the authorised agent representing the party/parties
who appears online shall identify the party/parties and is permitted to sign
the statement, if any, of such parties who appears online. It is submitted
that cooling off period is over and 6/10/2021 would be convenient for both
parties for giving their statement.
Accordingly, we direct the Family Court to post the case on
6/10/2021 for giving statement of both parties. The original petition is
disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
kp True copy
P.A. To Judge
O.P.(FC).No.468/2021
-:4:-
APPENDIX OF OP (FC) 468/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF O.P.(G&W) NO.1053/2018 OF THE FAMILY COURT, ETTUMANOOR DATED 3.9.2018. Exhibit P2 TRUE COPY OF THE OBJECTION OF THE RESPONDENT HEREIN IN O.P.(G&W) NO.1053/2018 BEFORE THE FAMILY COURT, ETTUMANOOR, DATED 3.10.2018. Exhibit P3 TRUE COPY OF THE MEDIATION REPORT DATED 13.2.2019. Exhibit P4 TRUE COPY OF THE JUDGMENT OF THE FAMILY COURT, ETTUMANOOR, IN O.P. (G&W) NO.1053/2018 DATED 13.2.2019. Exhibit P5 TRUE COPY OF AFFIDAVIT IN O.P.(DIV.) NO.200/2019 FILED BEFORE THE FAMILY COURT, ETTUMANOOR DATED 25.2.2019.
2 issues framed by the court
Whether the Family Court can conclude divorce proceedings via video conferencing for a party abroad.
Whether the original petition can be disposed of by directing the family court to allow online appearance.
DEEPTHY SUDHAKAR
SATHEESAN
A.MUHAMED MUSTAQUE
DR. KAUSER EDAPPAGATH THURSDAY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
