LAWS(KER)-2020-8-549

SHAILESH NAIR Vs. DEEPTHI NAIR

Decided On August 19, 2020
Shailesh Nair Appellant
V/S
Deepthi Nair Respondents

JUDGEMENT

(1.) Respondent in O.P. No.1845/2019 on the file of Family Court, Ernakulam, is the petitioner. The present O.P.(FC) is filed challenging the order dated 18.06.2020 in I.A. Nos.1829 and 1831 of 2020 in O.P Nos.1844 and 1845 of 2019 respectively. The orders impugned, for appreciating the objections raised by the petitioner, are excerpted and read thus:

(2.) The petitioner is serving as Captain in Indian Army and states that presently he is posted at Jhansi, Utter Pradesh. The circumstances necessary for disposing of the O.P.(FC) are that on 29.08.2018 the marriage between the petitioner and the respondent herein was performed. As could be gathered from Exts.P1 to P3, the spouses could not either adjust or live happily as husband and wife, thereby resulting in the respondent filing O.P.No.1844 of 2019 for the relief of declaration that the marriage solemnized on 29.08.2018 is null and void, and O.P. No.1845 of 2019 for a decree directing payment of amounts claimed therein under different heads. The petitioner filed Ext.P3 for a decree of divorce from the respondent. The respondent filed O.P. (FC) No.120/2020 in this Court for expeditious reliefs. This Court through Ext.P4 judgment disposed of the said O.P.(FC) and the operative portion of the judgment reads thus:

(3.) The respondent, by referring to Ext.P4 judgment, filed I.A. Nos.1829 and 1831 of 2020 for advancement of hearing of Original Petition. Through the orders impugned in the instant O.P.(FC) the Family Court advanced the matter and also directed appearance of petitioner and for objection on 17.07.2020. The petitioner is substantially aggrieved by the order made for personal appearance on 17.07.2020. Hence the O.P.(FC).