Thomas P Philip vs Somy Thomas (Corrected)

Type Court Judgment Court Kerala Decided Jul 06, 2023

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https://sooperkanoon.com/case/1410982

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Citation: sooperkanoon.com/1410982
Court: Kerala High Court
Judge: Honourable Mr. Justice a.Muhamed Mustaque,Honourable Mrs. Justice Sophy Thomas
Decided On: Jul 06, 2023
Case Number: OP (FC)/722/2022

Parties & Advocates

Appellant / Petitioner

Thomas P Philip

Respondent

Somy Thomas (Corrected)

Excerpt

.....d/o. thomas, kannamkuzhiyil house, udumbanoor p.o., udumbannoor village, thodupuzha taluk 685595. address of respondent is corrected as sony thomas, d/o.thomas, flat no.c2, first floor, krishnaprabha apartments, canal road, thottakkattukara, aluva-683 108. as perorder dated 10/02/2023 in ia no.1/2023 in op(fc)this op (family court) having come up for admission on 06.07.2023, the court on the same day delivered the following: -2-judgmenta.muhamed mustaque,j.the petitioner is currently residing at canada. the dispute between the petitioner and the respondent is now pending before the family court, thodupuzha, in o.p.no.301/2017 and connected matters.2. in view of the fact that the petitioner isunable to come down to india, petitioner shall be permitted to adduce evidence online. sufficient time should be given to the petitioner to adduce evidence. though notice was served on the counsel for the respondent, none appeared. the original petition is disposed of accordingly. a.muhamed mustaque sophy thomas uu -3- appendix of op (fc) 722/2022 petitioner exhibits exhibit p1 true copy of the original petition (op no. 301 of 2017) filed before the family court, thodupuzha exhibit p5 true copy of the order dated 07.12.2022 in op (div) no. 317 of 2022 on the file of family court, thodupuzha exhibit p2 true copy of the order dated 04.11.2020 in mc no.35 of 2018 of jfcm-i aluva exhibit p3 true copy of the chief affidavit filed in op (rm) 301 and op(div) 317 of 2017 exhibit p4 true copy of the application along with the affidavit filed in op (div) no. 317 of 2017

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MRS. JUSTICE SOPHY THOMAS THURSDAY, THE 6TH DAY OF JULY 2023 / 15TH ASHADHA, 1945 AGAINST THE ORDER IN OP 301/2017 OF FAMILY COURT, THODUPUZHA PETITIONER/RESPONDENT:
THOMAS P PHILIP AGED 75 YEARS S/O.PHILIP, C2-KRISHNAPRABHA APARTMENTS, CANAL ROAD, THOTTAKKATTUKARA, ALUVA, 683108, NOW RESIDING AT 1682, VILLAGE VIEW PLACE MISSISSAUGA/L5M3V3, ONTARIO, CANADA (REPRESENTED BY POWER OF ATTORNEY HOLDER RAMACHANDRAN C.R., S/O RAMAN MENON, AGED 53 YEARS, RESIDING AT ASWATHI NIVAS, PANDATHIL ROAD, EROOR NORTH P.O., THRIPUNITHURA 682306), PIN - 683108 BY ADVS. MANU GOVIND A.JAYASANKAR
RESPONDENT/PETITIONER: SOMY THOMAS (CORRECTED) AGED 60 YEARS D/O. THOMAS, KANNAMKUZHIYIL HOUSE, UDUMBANOOR P.O., UDUMBANNOOR VILLAGE, THODUPUZHA TALUK 685595. ADDRESS OF RESPONDENT IS CORRECTED AS SONY THOMAS, D/O.THOMAS, FLAT NO.C2, FIRST FLOOR, KRISHNAPRABHA APARTMENTS, CANAL ROAD, THOTTAKKATTUKARA, ALUVA-683 108. AS PER

ORDER DATED 10/02/2023 IN IA NO.1/2023 IN OP(FC)

THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 06.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -2-

JUDGMENT

A.Muhamed Mustaque,J.

The petitioner is currently residing at Canada. The dispute between the petitioner and the respondent is now pending before the Family Court, Thodupuzha, in O.P.No.301/2017 and connected matters.

2. In view of the fact that the petitioner is

unable to come down to India, petitioner shall be permitted to adduce evidence online. Sufficient time should be given to the petitioner to adduce evidence. Though notice was served on the Counsel for the respondent, none appeared. The Original Petition is disposed of accordingly. A.MUHAMED MUSTAQUE SOPHY THOMAS uu -3- APPENDIX OF OP (FC) 722/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ORIGINAL PETITION (OP NO. 301 OF 2017) FILED BEFORE THE FAMILY COURT, THODUPUZHA Exhibit P5 TRUE COPY OF THE ORDER DATED 07.12.2022 IN OP (DIV) NO. 317 OF 2022 ON THE FILE OF FAMILY COURT, THODUPUZHA Exhibit P2 TRUE COPY OF THE ORDER DATED 04.11.2020 IN MC NO.35 OF 2018 OF JFCM-I ALUVA Exhibit P3 TRUE COPY OF THE CHIEF AFFIDAVIT FILED IN OP (RM) 301 AND OP(DIV) 317 OF 2017 Exhibit P4 TRUE COPY OF THE APPLICATION ALONG WITH THE AFFIDAVIT FILED IN OP (DIV) NO. 317 OF 2017

Same Court & Year Kerala · 2023 Same Parties Thomas P Philip vs Somy Thomas (Corrected) Same Judge Honourable Mr. Justice a.Muhamed Mustaque,Honourable Mrs. Jus...