IN THE HIGH COURT OF KERALA AT ERNAKULAM
Mat.Appeal.No. 249 of 2007()
1. MARIYAMMA @ BAVAMMA, W/O.JACOB THOMAS,
... Petitioner
Vs
1. JACOB THOMAS, S/O. P.C.THOMAS,
... Respondent
For Petitioner :SRI.P.HARIDAS
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
The Hon'ble MR. Justice K.SURENDRA MOHAN
Dated :01/12/2010
O R D E R
R.BASANT & K.SURENDRA MOHAN, JJ.
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Mat.Appeal No.249 of 2007
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Dated this the 1st day of December, 2010
JUDGMENT
BASANT, J.
This appeal is directed against the impugned order passed
by the Family Court, Thiruvalla, under which an O.P for divorce
was dismissed on the short ground that the marriage certificate
is not produced.
2. In the light of the decision in Rajilal v. State of
Kerala [2010(2) KHC 692], it is well settled that non production
of a marriage certificate cannot constitute sufficient reason to
justify resort to the course of dismissal of the O.P. The
respondent though served has not appeared before this Court.
But in the light of the decision in Rajilal v. State of Kerala
(supra), we are satisfied that the impugned order deserves to be
set aside and this appeal deserves to be allowed.
3. In the result:
a) This appeal is allowed;
b) The impugned order is set aside;
Mat.Appeal No.249 of 2007 2
c) The learned Judge of the Family Court, Thiruvalla, is
directed to dispose of O.P.No.735 of 2006 afresh in accordance
with law and as expeditiously as possible – at any rate, within a
period of six months from the date on which a copy of this
judgment is placed before the learned Judge.
(R.BASANT, JUDGE)
(K.SURENDRA MOHAN, JUDGE)
rtr/