Chinju vs. Siju Divorce

1

BEFORE THE HON'BLE FAMILY COURT, ERNAKULAM

O.P. No. 2233 / 2010

Petitioner : Chinchu Vs.

Respondent : Siju

A F F I D A V I T

I, Chinchu, aged 20 years, D/o. late Mohanan, Mohana Vilasam,

Keezhmadu, Erumathala P.O., Aluva Taluk, Ernakulam District, Pin-683

112;do hereby solemnly affirmed and state as follows:-

1. I am the petitioner in the above Original Petition. I know the facts

of the case and I am competent to swear this affidavit. The above O.P.

is for a decree of divorce and permanent alimony.

2. I am the legally wedded wife of the respondent. Our marriage

was solemnized on 13.10.2009 at Cheerakkada Sree Durga Bhagavathy

Temple in accordance with Hindu rites, custom and ceremonies. A son

was born on 6.10.2010 in the said lawful wedlock. The minor child is in

my permanent care and custody.

3. I passed Civil Diploma Engineering from Poly Technique College,

Kalamassery with distinction. Both we are natives of Keezhmadu. Our

acquaintance as natives developed into a love affair and culminated in

our marriage on 13.10.2009. After marriage, we resided at the parental

house of the respondent along with his parents.

4. Contrary to expectation and assurance, the respondent and his

parents, especially his mother, behaved in an indifferent and

inappropriate manner towards me from the very inception of the

marriage. I was wearing 6½ sovereigns of gold ornaments at the time

of wedding. The respondent and his mother were unhappy with the

gold ornaments given to me and they expressed their displeasure over

the same by deeds as well as words causing severe dejection to me.

5. I belong to Hindu Vilakkithala Nair Community. The respondent’s

mother, who is a Hindu Nair, used to ridicule me stating that I am of a

lower caste and that the respondent would have got a better alliance

from Nair Community itself. The respondent’s mother did not allow me

to cook or serve food. I was denied even entry into the kitchen on caste

grounds, by the mother of the respondent.

2

6. The respondent and his parents subjected me to harassments and

ill-treatments alleging that I did not bring any amount or sufficient gold

as dowry at the time of marriage. They have taken my gold ornaments,

one after another, for their own use, by force and fight. Several times,

the respondent’s mother declared that she will not allow me to live as

her daughter-in-law unless I brought sufficient dowry as demanded.

7. The respondent and his parents have misappropriated my 6½

sovereigns for their own needs and requirements till date. Despite that,

the respondent and his parents continued to harass me to fetch money

from my family members as dowry. Several times the respondent

abused and assaulted me demanding dowry. The respondent abused

and even attempted to attack my mother demanding dowry.

8. While so, I became pregnant. Even during the said period, the

respondent and his mother tortured me, both physically as well as

emotionally, resulting in severe health hazards and emotional trauma to

me. They have refused to provide proper care and medication to me on

the ground of deficiency of dowry. Having realized my pathetic condition

and miserable situation, my brother entrusted Rs. 50,000/- with the

respondent and his parents in September 2010, hoping against hope,

that at least then I would have a happy and peaceful marital life, but in

vain.

9. Even thereafter, the respondent and his parents continued to ill-

treat me saying that it was a mistake on their part to agree to the

marriage with me. The respondent, who is a body builder, used to

accuse me stating that I am not smart, presentable and unfit to be his

wife and that he would have got a more beautiful and worthy lady than

me as his wife etc. The respondent and his parents taunted me stating

that he would have got a smarter life partner than me and that even

now the respondent could get better proposals than me etc.

10. The respondent is a sadist. He found pleasure in abusing and

accusing me in front of his family members and friends. The respondent

and his parents missed no opportunity to humiliate and defame me and

my family members in public. To my utter shock, the respondent used

to tell even the bed room incidents and secrets to his parents and

friends with an intention to humiliate and ridicule me.

3

11. The respondent’s parents added fuel to the fire by supporting and

even prompting him to shout at and maltreat me with the ulterior

motive of harassing me. The parents of the respondent unnecessarily

interfered in each and every personal and private matter of the spouses

and deliberately created rifts and misunderstandings between us so as

to achieve their sinister goal of separating me and the respondent.

12. The respondent and his parents have done everything possible to

make my life painful, miserable and hellish at my matrimonial home. I

suffered all the cruelties and harassments meted out by the respondent

and his parents, hoping that the respondent would change and I would

have a happy and peaceful marital life. The cruelties and harassments

increased day by day.

13. My daily domestic life became a constant source of stress, strain,

tension, anguish and anxiety on account of the acts and deeds of the

respondent and his family members. The respondent has always

taunted me stating that I am not a person either worth or fit to be his

wife. The respondent has ridiculed me stating that I am incompetent to

be his wife causing severe dejection and pain to me.

14. The respondent and his mother always wanted to dominate and

command me and kept on nagging and harassing me on myriad ways.

The respondent has expected me to bow down to his whims and fancies

and to obey his commands and perversions without any objection. The

respondent and his people are spreading scandalous remarks against

me and my family members with an intention to harass, defame and

humiliate us in public.

15. The respondent and his parents have continued to abuse, accuse,

harass, illtreat, taunt, ridicule and humiliate me with the ulterior motive

of getting more dowry from my family. Having realized that they cannot

get anymore amount or gold from me by any means, after having

forcefully taken her last remaining, one pair ear rings, in July 2010, at a

time when I was seven months pregnant, the respondent has

abandoned me at her house. Thereafter, the respondent and his family

members have not even enquired about me.

16. I gave birth to the child on 6.10.2010 at Lakshmi Hospital, Aluva.

The entire expenses for delivery and subsequent treatment were met by

my mother. The respondent and his family members have not spend

4

any amount towards the hospital expenses. Even after delivery, the

respondent and his family members continued to harass me as well as

the child.

17. The respondent filed false and frivolous police complaints against

me and my mother with an intention to further harass me and the child.

The S.I. of Police, Aluva has summoned the parties, and after having

convinced my innocence, directed the respondent and his family

members to behave properly towards me and my family members, and

further directed the respondent and his parents to hand over my gold

ornaments and belongings to me forthwith.

18. The 28th day ceremony of the child is not conducted so far due to

the non co-operation on the part of the respondent and his family

members. Even though a conciliation talk was held at the residence of

the sister of my mother at the initiative of my family members, failed

due to the adamant and arrogant stand taken by the respondent and his

family members. The respondent has gone to the extent of threatening

my brother during the said discussion. They are intimidating dare

consequences in case not heeded to their demands. I filed a complaint

to the Dy. S.P. Aluva detailing the cruelties and harassments inflicted by

the respondent and his family members towards me and the child, and

the investigation is underway.

19. The cohabitation was brought to an end due to the acts and deeds

of the respondent and his mother. The sincere and earnest efforts

made by me and my family members for a peaceful and harmonious

family life were failed due to the adamant, uncooperative, indifferent

and hostile attitude of the respondent. The respondent and his family

members treated me as a cash point and unpaid servant.

20. The respondent refused to perform his part of marital obligations

as a dutiful and responsible husband as well as a father. The respondent

has acted with hate, contempt and vengeance towards me and the

child. The respondent had no love and affection towards me and the

child. The above mentioned acts, deeds, conduct and behaviour of the

respondent amounts to cruelty. The marriage is irretrievably broken

down beyond any scope for a reunion.

21. The respondent’s temper tantrums, his irrational, incorrigible and

overbearing conduct, abusive and quarrelsome behaviour and

5

character, willful refusal to discharge his part of marital obligations,

greed for money, dowry harassments, irresponsible conduct and

behaviour, indifferent and hostile attitude, adamant and arrogant

nature, taunting and humiliating character, deliberate manipulations,

criminal and fraudulent nature, etc. have made it impossible for me to

continue the marital relationship with the respondent.

22. I have a reasonable apprehension in my mind that the

continuation of marital relationship would be injurious, harmful and

dangerous to me and the child. The aforesaid conduct and behaviour

has adversely affected my health. The respondent had made several

times clear that he is not interested to continue with the marital

relationship with me and sought for legal termination of marriage. I

decided to end my matrimonial life with the respondent. It will be

physically and mentally impossible for me to live along with the

respondent any more. The agony and misery she was undergoing were

untold.

23. The respondent and his parents misappropriated my 6½

sovereigns of gold ornaments. They are liable to return the same

forthwith to me. That apart, my life and future is spoiled and ruined due

to the aforesaid cruel acts and misdeeds committed by the respondent

and his family members. The respondent and his parents are liable to

compensate me for the irreparable injury and damage caused to me. I

entitled to get permanent alimony from the respondent which is fixed as

Rs.10,00,000/- (Rupees Ten lakhs only).

24. The minor child is in my permanent care and custody. I am

residing with my mother in my parental house. The minor child is

maintained and looked after by me. I am providing the best care and

facilities to the child. The respondent is doing everything possible to

kidnap the child. The respondent threatens me to take forceful custody

of the minor child. The permanent custody of the tender child is to be

retained with me for his welfare, safety and security. The respondent is

trying to take forceful custody of the child with his political as well as

police influence. In the above circumstances, it is highly necessary in

the interest of justice to restrain the respondent and his people from;

entering into my parental residence Mohana Vilasam, Keezhmadu,

Erumathala P.O., Aluva Taluk, Ernakulam District, Pin-683 112;

disturbing and interfering with our peaceful living, and taking forceful

6

custody of the minor son born on 6.10.2010. I have a strong prima facie

case and the balance of convenience is in my favour. A separate

application is filed for the same, that may be allowed.

All the facts stated above are true and correct to the best of my knowledge, information and belief.

Dated this the 17th day of December, 2010

Deponent : Chinchu

Solemnly affirmed and signed before me by the deponent who is personally known to me on this the 17th day of December, 2010 at my office at Ernakulam.

Adv. Ganesh. G. Pillai

BEFORE THE HON’BLE FAMILY COURT, ERNAKULAM

I.A. NO. / 2010IN

O.P. No. 2233 / 2010

PETITIONER/PETITIONER

Chinchu, aged 20 years, D/o. late Mohanan, Mohana Vilasam,Keezhmadu, Erumathala P.O., Aluva Taluk, Ernakulam District,Pin-683 112.

Vs.

7

RESPONDENT/RESPONDENT

Siju, aged 28 years, S/o. Karunakaran, Arippath House,Keezhmadu, Erumathala P.O., Aluva Taluk, Ernakulam District,Pin-683 112.

PETITION FILED UNDER 0.39.R1 & 2 & SECTION 151 OF CIVIL PROCEDURE CODE

For the reasons stated in the accompanying affidavit, it is humbly

prayed that this Hon’ble Court may be pleased to restrain the

respondent and his people from:-

(a) entering into the petitioner’s parental residence Mohana

Vilasam, Keezhmadu, Erumathala P.O., Aluva Taluk,

Ernakulam District, Pin-683 112 and disturbing and

interfering with their peaceful living and;

(b) taking forceful custody of the minor son born on 6.10.2010.

Dated this the 17th day of December, 2010

Petitioner : Chinchu

Presen

ted On : 17.12.2010

BEFORE THE HON’BLE FAMILY

COURT, ERNAKULAM

I.A. No. of 2010in

O.P. No. 2233 / 2010

Petitioner/Petitioner

Chinchu Vs.

8

Respondent/Respondent

Siju

INJUNCTION PETITION

Petitioner: Chinchu


O.P. No. /2010

PETITIONER

Chinchu, aged 20 years, D/o. late Mohanan, Mohana Vilasam,Keezhmadu, Erumathala P.O., Aluva Taluk, Ernakulam District,Pin-683 112.

Vs.

RESPONDENT

Siju, aged 28 years, S/o. Karunakaran, Arippath House,Keezhmadu, Erumathala P.O., Aluva Taluk, Ernakulam District,Pin-683 112.

9

PETITION FILED UNDER SECTIONS 13 (1) ( ia ) AND SECTION 25 OF THE HINDU MARRIAGE ACT, 1955 AND SECTION 7 (1)

EXPLANATION (a) OF THE FAMILY COURTS ACT, 1984

1. The petitioner is the legally wedded wife of the respondent. Their

marriage was solemnized on 13.10.2009 at Cheerakkada Sree Durga

Bhagavathy Temple in accordance with Hindu rites, custom and

ceremonies. A son was born on 6.10.2010 in the said lawful wedlock.

The minor child is in the permanent care and custody of the petitioner.

2. The petitioner passed Civil Diploma Engineering from Poly

Technique College, Kalamassery with distinction. Both the petitioner

and the respondent are natives of Keezhmadu. Their acquaintance as

natives developed into a love affair and culminated in their marriage on

13.10.2009. After marriage, the spouses resided at the parental house

of the respondent along with his parents.

3. Contrary to expectation and assurance, the respondent and his

parents, especially his mother, behaved in an indifferent and

inappropriate manner towards the petitioner from the very inception of

the marriage. The petitioner was wearing 6½ sovereigns of gold

ornaments at the time of wedding. The respondent and his mother

were unhappy with the gold ornaments given to the petitioner and they

expressed their displeasure over the same by deeds as well as words

causing severe dejection to the petitioner.

4. The petitioner belongs to Hindu Vilakkithala Nair Community. The

respondent’s mother, who is a Hindu Nair, used to ridicule the petitioner

stating that the petitioner is of a lower caste and that the respondent

would have got a better alliance from Nair Community itself. The

respondent’s mother did not allow the petitioner to cook or serve food.

The petitioner was denied even entry into the kitchen on caste grounds,

by the mother of the respondent.

5. The respondent and his parents subjected the petitioner to

harassments and ill-treatments alleging that she did not bring any

amount or sufficient gold as dowry at the time of marriage. They have

taken the gold ornaments of the petitioner, one after another, for their

own use, by force and fight. Several times, the respondent’s mother

10

declared that she will not allow the petitioner to live as her daughter-in-

law unless she brought sufficient dowry as demanded.

6. The respondent and his parents have misappropriated 6½

sovereigns of the petitioner for their own needs and requirements till

date. Despite that, the respondent and his parents continued to harass

the petitioner to fetch money from her family members as dowry.

Several times the respondent abused and assaulted the petitioner

demanding dowry. The respondent abused and even attempted to

attack the mother of the petitioner demanding dowry.

7. While so, the petitioner became pregnant. Even during the said

period, the respondent and his mother tortured the petitioner, both

physically as well as emotionally, resulting in severe health hazards and

emotional trauma to the petitioner. They have refused to provide proper

care and medication to the petitioner on the ground of deficiency of

dowry. Having realized the pathetic condition and miserable situation of

the petitioner, her brother entrusted Rs. 50,000/- with the respondent

and his parents in September 2010, hoping against hope, that atleast

then the petitioner would have a happy and peaceful marital life, but in

vain.

8. Even thereafter, the respondent and his parents continued to ill-

treat the petitioner saying that it was a mistake on their part to agree to

the marriage with the petitioner. The respondent, who is a body builder,

used to accuse the petitioner stating that she is not smart, presentable

and unfit to be his wife and that he would have got a more beautiful and

worthy lady than the petitioner as his wife etc. The respondent and his

parents taunted the petitioner stating that he would have got a smarter

life partner than the petitioner and that even now the respondent could

get better proposals than her etc.

9. The respondent is a sadist. He found pleasure in abusing and

accusing the petitioner in front of his family members and friends. The

respondent and his parents missed no opportunity to humiliate and

defame the petitioner and her family members in public. To the utter

shock of the petitioner, the respondent used to tell even the bed room

11

incidents and secrets to his parents and friends with an intention to

humiliate and ridicule the petitioner.

10. The respondent’s parents added fuel to the fire by supporting and

even prompting him to shout at and maltreat the petitioner with the

ulterior motive of harassing the petitioner. The parents of the

respondent unnecessarily interfered in each and every personal and

private matter of the spouses and deliberately created rifts and

misunderstandings between them so as to achieve their sinister goal of

separating the petitioner and the respondent.

11. The respondent and his parents have done everything possible to

make the life of the petitioner painful, miserable and hellish at her

matrimonial home. The petitioner has suffered all the cruelties and

harassments meted out by the respondent and his parents, hoping that

the respondent would change and she would have a happy and peaceful

marital life. The cruelties and harassments increased day by day.

12. The daily domestic life of the petitioner became a constant source

of stress, strain, tension, anguish and anxiety on account of the acts and

deeds of the respondent and his family members. The respondent has

always taunted the petitioner stating that she is not a person either

worth or fit to be his wife. The respondent has ridiculed the petitioner

stating that she is incompetent to be his wife causing severe dejection

and pain to the petitioner.

13. The respondent and his mother always wanted to dominate and

command the petitioner and kept on nagging and harassing the

petitioner on myriad ways. The respondent has expected the petitioner

to bow down to his whims and fancies and to obey his commands and

perversions without any objection. The respondent and his people are

spreading scandalous remarks against the petitioner and her family

members with an intention to harass, defame and humiliate them in

public.

14. The respondent and his parents have continued to abuse, accuse,

harass, illtreat, taunt, ridicule and humiliate the petitioner with the

ulterior motive of getting more dowry from the family of the petitioner.

12

Having realized that they cannot get anymore amount or gold from the

petitioner by any means, after having forcefully taken her last

remaining, one pair ear rings, in July 2010, at a time when the petitioner

was seven months pregnant, the respondent has abandoned the

petitioner at her house. Thereafter, the respondent and his family

members have not even enquired about the petitioner.

15. The petitioner gave birth to the child on 6.10.2010 at Lakshmi

Hospital, Aluva. The entire expenses for delivery and subsequent

treatment were met by the mother of the petitioner. The respondent

and his family members have not spend any amount towards the

hospital expenses. Even after delivery, the respondent and his family

members continued to harass the petitioner as well as the child.

16. The respondent filed false and frivolous police complaints against

the petitioner and her mother with an intention to further harass the

petitioner and the child. The S.I. of Police, Aluva has summoned the

parties, and after having convinced the innocence of the petitioner,

directed the respondent and his family members to behave properly

towards the petitioner and her family members, and further directed the

respondent and his parents to hand over her gold ornaments and

belongings to the petitioner forthwith.

17. The 28th day ceremony of the child is not conducted so far due to

the non co-operation on the part of the respondent and his family

members. Even though a conciliation talk was held at the residence of

the sister of the mother of the petitioner at the initiative of her family

members, failed due to the adamant and arrogant stand taken by the

respondent and his family members. The respondent has gone to the

extent of threatening the brother of the petitioner during the said

discussion. They are intimidating dare consequences in case not

heeded to their demands. The petitioner has filed a complaint to the

Dy. S.P. Aluva detailing the cruelties and harassments inflicted by the

respondent and his family members towards her and the child, and the

investigation is underway.

18. The cohabitation was brought to an end due to the acts and deeds

of the respondent and his mother. The sincere and earnest efforts

13

made by the petitioner and her family members for a peaceful and

harmonious family life were failed due to the adamant, uncooperative,

indifferent and hostile attitude of the respondent. The respondent and

his family members treated the petitioner as a cash point and unpaid

servant.

19. The respondent has refused to perform his part of marital

obligations as a dutiful and responsible husband as well as a father. The

respondent has acted with hate, contempt and vengeance towards the

petitioner and the child. The respondent had no love and affection

towards the petitioner and the child. The above mentioned acts, deeds,

conduct and behaviour of the respondent amounts to cruelty. The

marriage is irretrievably broken down beyond any scope for a reunion.

20. The respondent’s temper tantrums, his irrational, incorrigible and

overbearing conduct, abusive and quarrelsome behaviour and

character, willful refusal to discharge his part of marital obligations,

greed for money, dowry harassments, irresponsible conduct and

behaviour, indifferent and hostile attitude, adamant and arrogant

nature, taunting and humiliating character, deliberate manipulations,

criminal and fraudulent nature, etc. have made it impossible for the

petitioner to continue the marital relationship with the respondent.

21. The petitioner has a reasonable apprehension in her mind that the

continuation of marital relationship would be injurious, harmful and

dangerous to her and the child. The aforesaid conduct and behaviour

has adversely affected the health of the petitioner. The respondent had

made several times clear that he is not interested to continue with the

marital relationship with the petitioner and sought for legal termination

of marriage. The petitioner has decided to end her matrimonial life with

the respondent. It will be physically and mentally impossible for her to

live along with the respondent any more. The agony and misery she was

undergoing were untold.

22. The respondent and his parents misappropriated 6 ½ sovereigns

of gold ornaments of the petitioner. They are liable to return the same

forthwith to the petitioner. That apart, the life and future of the

petitioner is spoiled and ruined due to the aforesaid cruel acts and

14

misdeeds committed by the respondent and his family members. The

respondent and his parents are liable to compensate the petitioner for

the irreparable injury and damage caused to her. The petitioner is

entitled to get permanent alimony from the respondent which is fixed as

Rs.10,00,000/- (Rupees Ten lakhs only).

23. There is no collusion or connivance between the parties in filing

this petition. There is no improper delay in instituting this proceeding.

The petitioner has not filed any other or similar petition for the same

relief. There is no other legal ground why the reliefs sought in the

original petition should not be granted to the petitioner.

24. The cause of action for this case arose on 13.10.2009 at

Cheerakkada Sree Durga Bhagavathy Temple where the marriage

between the petitioner and the respondent was solemnized as per

Hindu rites, custom and ceremonies, thereafter when the respondent

and his family members have subjected the petitioner to matrimonial

cruelties ad harassments on various occasions, in July 2010 when the

respondent has abandoned the petitioner at her house at Keezhmadu

where the marriage was solemnized and parties have last resided

together within the jurisdiction of this Hon’ble Court.

Hence it is most humbly prayed that this Hon’ble Court may be pleaded

to:

(A)Pass a decree of divorce resolving the marriage between the

petitioner an the respondent solemnized on 13.10.2009.

(B)Pass a judgment and decree directing the respondent to pay Rs.

10,00,000/- (Rupees Ten Lakhs only) to the petitioner as permanent

alimony.

(C)Allow the petitioner to recover her entire cost from the respondent

and

(D) Pass such other reliefs, as this Hon’ble Court may deem fit and

necessary to meet the ends of justice.

15

Petitioner: Chinchu

VERIFICATION

I, Chinchu, aged 20 years, D/o. late Mohanan, Mohana Vilasam,

Keezhmadu, Erumathala P.O., Aluva Taluk, Ernakulam District, Pin-683

112, do hereby declare that all what is stated above are true and

correct to the best of my knowledge, information and belief.

Dated this the 7th day of December, 2010.

Petitioner: Chinchu

Presented On : 7.12.2010


O.P.No. /2010

P

etitioner

Chinchu

Vs.

Respondent

Siju

16

PETITION FILED UNDER SECTIONS 13 (1) ( ia ) AND

SECTION 25 OF THE HINDU MARRIAGE ACT, 1955 AND

SECTION 7 (1) EXPLANATION (a) OF THE FAMILY COURTS

ACT, 1984


Form No.1(See Rule.5)

IN THE FAMILY COURT OF ERNAKULAM

O.P.No. 1462 of 2010Petitioner Chinchu

Vs..

Respondents Siju

Siju, aged 28 years, S/o. Karunakaran, Arippath House, Keezhmadu, Erumathala P.O., Aluva Taluk, Ernakulam District,Pin-683 112. – respondent.

WHEREAS the above named petitioner has instituted a petition against you, as set out in the petition (annex the petition)

You are hereby required to file in this court an appearance in person or

a Vakalathnama within 3 week from the service of this summons upon you.

AND WHEREAS the suit will be placed for directions on the board of the

judge of the ……………………..day of ……………….200

You are hereby summoned to appear before the judge to answer the

petitioner’s claim on the said ……………….day of ……………at 11’O’ clock in the

forenoon.

17

Take notice that on the day before mentioned after hearing parties who

appear directions will be given by the judge as to the date of hearing before a

counsel of the Family Court and other matters concerning the petition.

Take further notice that if you fail to file your appearance in person or

vakalathnma as directed above, or if you fail to appear before the judge on the

day before mentioned the petition may be ordered to be set do on Board on

the same day or any subsequent day as ‘undefended’ and you will be liable to

have a decree or order passed against you.

Witness………………………………………………………………………………….Pri

ncipal Judge

at…………………………………………………………………………………………

aforesaid, this……………………….day of ………………………………………….2010

Seal

Chief Ministerial Officer

The ……………………..day of ……………2010

Petitioner :Chinchu, aged 20 years, D/o. late Mohanan, Mohana Vilasam, Keezhmadu, Erumathala P.O., Aluva Taluk, Ernakulam District,Pin-683 112



O.P.No. 1462 /2010

Petitioner

Chinchu

Vs..

Respondent

Siju

18

NOTICE TO THE RESPONDENT



O.P.No. of 2010

Petitioner Chinchu

Vs..

Respondent Siju

PROCESS MEMO

It is most humbly submitted that the petitioner is producing

herewith the process court fee for Rs.12.50, Courier Cover notice form

1+1 for sending notice to the respondent by Courier Service.

19

Dated this the 7th day of December, 2010.




O.P.No. /2010

Petitioner

Chinchu

Vs.Respondent

Siju

20

PROCESS MEMO



O.P. No. 1462 / 2010


Respondent : Siju

A F F I D A V I T

I, Chinchu, aged 26 years, D/o. Rajan, 200 Acre Millumpadi

Junction, Adimaly Village, Devikulam Taluk.;do hereby solemnly affirmed

and state as follows:-



is for a decree of nullity of marriage.

2. It is submitted that the respondent is working as Senior RMO in

Black Town Hospital at Sidney, Australia. I had taken steps for service

of notice upon the respondent in his home address at North Paravur

under the bonafide belief that he is available at his parental residence.

Now it is understood that the respondent has hastily returned to his

work place with an intention to evade receipt of notice from this Hon’ble

Court. If notice from this Hon’ble Court is sent to the respondent by

India Post, the acknowledgement card evidencing the receipt of notice

will not be returned, since as per the practice there at Australia, the

21

postal articles will be deposited in the post box. Therefore it is highly

necessary in the interest of justice to permit me to take out notice to

the respondent in his residential address at Australia by “Courier”

service. A separate application is filed for the same, that may be

allowed.


Dated this the 20th day of September, 2010

Deponent : Chinchu

Solemnly affirmed and signed before me by the deponent who is personally known to me on this the 20th day of September, 2010 at my office at Ernakulam.



I.A. NO. / 2010IN

O.P. No. 1462 / 2010

PETITIONER

Chinchu, aged 26 years, D/o. Rajan, 200 Acre Millumpadi Junction, Adimaly Village, Devikulam Taluk.

Vs.

RESPONDENT

Siju, aged 33 years, S/o. Dr. C.M. Radhakrishnan, Santhi Nivas, St. Germans Road, North Paravur, working as Senior R.M.O., Black Town Hospital, Sidney, Australia.

PETITION FILED U/S SECTION 151 OF CPC

For the reasons stated in the accompanying affidavit, it is most

humbly prayed that this Hon’ble Court may be pleased to permit the

petitioner to take out notice to the respondent in his Australia address

(Siju, S/o. Dr. C.M. Radhakrishnan, No.1 Tolloch Place, Baulkham Hills,

Sydney-2153, Australia (working as Senior R.M.O., Black Town Hospital,

Sidney, Australia) Phone No. 0061416777291) by Courier Service.

22



Pr

esented On : 20.9.2010


COURT, ERNAKULAM

I.A. No. of 2010in

O.P. No. 1462 / 2010


Chinchu Vs.


Siju

23

PETITION TO ISSUE NOTICE TO

THE RESPONDENT BY COURIER

SERVICE

Petitioner: Chinchu


O.P. No. 1462 / 2010


Respondent : Siju

A F F I D A V I T

I, Chinchu, aged 26 years, D/o. Rajan, 200 Acre Millumpadi

Junction, Adimaly Village, Devikulam Taluk.;do hereby solemnly affirmed

and state as follows:-



is for a decree of nullity of marriage.

2. It is submitted that I have filed a petition to issue notice to the

respondent who is presently working at Australia by Courier service.

Since urgent orders are required in the said application, it is most

humbly prayed that this Hon’ble Court may be pleased to permit me to

move the above O.P. today itself. A separate application is filed for the

same, that may be allowed.



Deponent : Chinchu

Solemnly affirmed and signed before me by the deponent who is personally known to me on this the 20th day of September, 2010 at my office at Ernakulam.

24



I.A. NO. / 2010IN

O.P. No. 1462 / 2010

PETITIONER

Chinchu, aged 26 years, D/o. Rajan, 200 Acre Millumpadi Junction, Adimaly Village, Devikulam Taluk.

Vs.

RESPONDENT

Siju, aged 33 years, S/o. Dr. C.M. Radhakrishnan, Santhi Nivas, St. Germans Road, North Paravur, working as Senior R.M.O., Black Town Hospital, Sidney, Australia.

PETITION FILED U/S SECTION 151 OF CPC

For the reasons stated in the accompanying affidavit, it is most

humbly prayed that this Hon’ble Court may be pleased to permit the

petitioner to move the above O.P. today itself.



25

Pr

esented On : 20.9.2010


COURT, ERNAKULAM

I.A. No. of 2010in

O.P. No. 1462 / 2010


Chinchu Vs.


Siju

TODAY MOVING PETITION

26

Petitioner: Chinchu



COURT, ERNAKULAM

O.P. No. 1462 / 2010

Petitioner

Chinchu

Vs.

Respondent

Siju

PROOF OF DELIVERY

27

Ganesh G. PillaiCounsel for the Petitioner

VAKALATHBEFORE THE HON'BLE FAMILY COURT, ERNAKULAM

O.P.No. of 2010

Petitioner : Vidula Cherian

Respondent : Antony Ginu

I, Jyothi Maya D Almeida, aged 24 yeas, D/o. Henry D Almeida, Thaipparambil House, Palliport P.O., Pin-683 515, Petitioner in the above Original Petition do hereby appoint and retain M/s. Adv. Priyadarsan Thampi G., Adv.Ganesh.G.Pillai, Adv. Lekha Ganesh Amples Building, Amulya Street, Madhava Pharmacy Junction, Ernakulam to the court to appear for me in the above Petition and to conduct, prosecute and defend all proceedings that may be taken in respect of any application connected with the same or any decree or order passed therein, including all application for return of documents, application for review, in appeal before the High Court and in applications for leave to appeal to the Supreme Court and to draw any money payable to me in the said Petition and in all incidental matters connected with the above case.

Dated this day of August, 2010.

Witness Jyothi Maya D Almeida

P.K. Harshan, Advocate Clerk, PetitionerErnakulam.

Executant has personally appeared before me and duly executed andsigned in my presence.

Advocate

Accepted

Advocate

Adv. Priyadarsan Thampi G.,Roll No. K/947/1994,Aravindam Edakattuparambil,Pootholi Lane,Kombara Junction,Kochi-18.

28

Adv. GANESH.G.PILLAI, Adv. LEKHA GANESH,Roll No.K/934/1998 Roll No. K/937/1998Thejus, Manakkodam Road Thejus, Manakkodam Road,Elamakkara, Kochi – 26. Elamakkara, Kochi-16.

Presented on : .8.2010.

BEFORE THE

HON'BLE FAMILY

COURT, ERNAKULAM

O.P.No. of 2010

Petition : Jyothi Maya D Almeida

Respondent : Antony Ginu

VAKALATH FOR PETITIONER

Address for service:

___________GANESH.G.PILLAILEKHA GANESH

AdvocatesAmples Building, Amulya Street,

Madhava Pharmacy Junction,Ernakulam.

Phone : Mob: 98474 41034.Res: 0484 6575903.

Chinju vs. Siju Divorce

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Transcript of Chinju vs. Siju Divorce