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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
BEFORE THE HON'BLE FAMILY COURT, ERNAKULAM
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
BEFORE THE HON’BLE FAMILY COURT, ERNAKULAM
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
Petitioner : Chinchu
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
Presented On : 7.12.2010
BEFORE THE HON’BLE FAMILY COURT, ERNAKULAM
O.P.No. 1462 /2010
Petitioner
Chinchu
Vs..
Respondent
Siju
18
NOTICE TO THE RESPONDENT
Petitioner : Chinchu
BEFORE THE HON'BLE FAMILY COURT, ERNAKULAM
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.
Petitioner : Chinchu
Presented On : 7.12.2010
BEFORE THE HON’BLE FAMILY COURT, ERNAKULAM
O.P.No. /2010
Petitioner
Chinchu
Vs.Respondent
Siju
20
PROCESS MEMO
Petitioner : Chinchu
BEFORE THE HON'BLE FAMILY COURT, ERNAKULAM
O.P. No. 1462 / 2010
Petitioner : Chinchu Vs.
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:-
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 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.
All the facts stated above are true and correct to the best of my knowledge, information and belief.
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.
Adv. Ganesh. G. Pillai
BEFORE THE HON’BLE FAMILY COURT, 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.
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Dated this the 20th day of September, 2010
Petitioner : Chinchu
Pr
esented On : 20.9.2010
BEFORE THE HON’BLE FAMILY
COURT, ERNAKULAM
I.A. No. of 2010in
O.P. No. 1462 / 2010
Petitioner/Petitioner
Chinchu Vs.
Respondent/Respondent
Siju
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PETITION TO ISSUE NOTICE TO
THE RESPONDENT BY COURIER
SERVICE
Petitioner: Chinchu
BEFORE THE HON'BLE FAMILY COURT, ERNAKULAM
O.P. No. 1462 / 2010
Petitioner : Chinchu Vs.
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:-
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 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.
All the facts stated above are true and correct to the best of my knowledge, information and belief.
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.
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Adv. Ganesh. G. Pillai
BEFORE THE HON’BLE FAMILY COURT, 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 move the above O.P. today itself.
Dated this the 20th day of September, 2010
Petitioner : Chinchu
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Pr
esented On : 20.9.2010
BEFORE THE HON’BLE FAMILY
COURT, ERNAKULAM
I.A. No. of 2010in
O.P. No. 1462 / 2010
Petitioner/Petitioner
Chinchu Vs.
Respondent/Respondent
Siju
TODAY MOVING PETITION
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Petitioner: Chinchu
Presented On : 22.10.2010
BEFORE THE HON’BLE FAMILY
COURT, ERNAKULAM
O.P. No. 1462 / 2010
Petitioner
Chinchu
Vs.
Respondent
Siju
PROOF OF DELIVERY
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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.
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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.
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