1

BEFORE THE HON'BLE FAMILY COURT, ERNAKULAM

O.P. No. 2233 / 2010

Petitioner : Chinchu
Vs.
Respondent : Siju

AFFIDAVIT

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.
 2

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.

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
 3

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.

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.
 4

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 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
 5

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 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
 6

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 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.
 7

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. / 2010
IN
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.

RESPONDENT/RESPONDENT

Siju, aged 28 years, S/o. Karunakaran, Arippath House,

 8

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

Pres
ented On : 17.12.2010

BEFORE THE HON’BLE FAMILY

COURT, ERNAKULAM
I.A. No. of 2010
in
O.P. No. 2233 / 2010

Petitioner/Petitioner

Chinchu
Vs.
Respondent/Respondent
 9

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.
 10

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.
 11

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 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
 12

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 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
 13

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. 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
 14

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 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.
 15

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 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
 16

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.

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
17

Presented On : 7.12.2010

BEFORE THE HON’BLE

FAMILY COURT, ERNAKULAM

O.P.No. /2010

Petitioner

Chinchu
Vs.
Respondent

Siju

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
 18

Petitioner : Chinchu

Form No.1
(See Rule.5)

IN THE FAMILY COURT OF ERNAKULAM

O.P.No. 1462 of 2010

Petitioner 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.
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………………………………………………………………………………….Principal
Judge at…………………………………………………………………………………………aforesaid,
this……………………….day of ………………………………………….2010
Seal

Chief Ministerial Officer

The ……………………..day of ……………2010

 19

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

NOTICE TO THE RESPONDENT

 20

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.

Dated this the 7th day of December, 2010.

Petitioner : Chinchu
21

Presented On : 7.12.2010

BEFORE THE HON’BLE

FAMILY COURT, ERNAKULAM

O.P.No. /2010

Petitioner

Chinchu
Vs.
Respondent

Siju

PROCESS MEMO
 22

Petitioner : Chinchu

BEFORE THE HON'BLE FAMILY COURT, ERNAKULAM

O.P. No. 1462 / 2010

Petitioner : Chinchu
Vs.
Respondent : Siju

AFFIDAVIT

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 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

 23

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. / 2010
IN
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.

Dated this the 20th day of September, 2010

Petitioner : Chinchu
24

Presented On : 20.9.2010

BEFORE THE HON’BLE FAMILY

COURT, ERNAKULAM
I.A. No. of 2010
in
O.P. No. 1462 / 2010

Petitioner/Petitioner

Chinchu
Vs.
Respondent/Respondent

Siju

PETITION TO ISSUE NOTICE TO

THE RESPONDENT BY COURIER
SERVICE
 25

Petitioner: Chinchu

BEFORE THE HON'BLE FAMILY COURT, ERNAKULAM

O.P. No. 1462 / 2010

Petitioner : Chinchu
Vs.
Respondent : Siju

AFFIDAVIT

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.

Adv. Ganesh. G. Pillai

 26

BEFORE THE HON’BLE FAMILY COURT, ERNAKULAM

I.A. NO. / 2010
IN
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
27

Presented On : 20.9.2010

BEFORE THE HON’BLE FAMILY

COURT, ERNAKULAM
I.A. No. of 2010
in
O.P. No. 1462 / 2010

Petitioner/Petitioner

Chinchu
Vs.
Respondent/Respondent

Siju

TODAY MOVING PETITION

28

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
 29

Ganesh G. Pillai
Counsel for the Petitioner

VAKALATH
BEFORE 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, Petitioner

Ernakulam.

Executant has personally

appeared before me and duly
executed and
signed in my presence.

Advocate

Accepted

Advocate

Adv. Priyadarsan Thampi G.,

Roll No. K/947/1994,
 30

Aravindam Edakattuparambil,
Pootholi Lane,
Kombara Junction,
Kochi-18.

Adv. GANESH.G.PILLAI, Adv. LEKHA GANESH,

Roll No.K/934/1998 Roll No. K/937/1998
Thejus, 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.PILLAI
LEKHA GANESH
Advocates
31

Amples Building, Amulya Street,

Madhava Pharmacy Junction,
Ernakulam.
Phone : Mob: 98474 41034.
Res: 0484 6575903.