JISHA THOMAS Vs. GEORGE THOMAS

JUDGEMENT

(1.) Dated this the 13th day of August, 2021 The spouses are at loggerheads. Imputations of infidelity has rendered the marriage more a sacrilege than a sacrament. The husband has filed OP Nos.2329 and 2337 of 2019 and O.P.(G&W) No.2338 of 2019 before the Family Court, Ernakulam. Not to be outdone, the wife approached the Family Court, Alappuzha with O.P.(G&W) No.860 of 2019 and O.P.No.861 of 2019. is filed by the wife seeking transfer of the cases filed by the husband from the Family Court, Ernakulam to the Family Court, Alappuzha and Tr.P. (C) No.186 of 2020, by the husband for transferring the cases filed by the wife from the Family Court, Alappuzha to the Family Court, Ernakulam.

(2.) The parties belong to the Roman Catholic Syrian Christian Community. Their marriage was solemnised on 19/11/2006 at the Vijnana Matha Church, Thodupuzha. Two boys, now aged 13 and 11, are born in the wedlock. The family was staying at Thaikkattukara in Aluva and the children were studying at the Rajagiri Public School. In 2019, the spouses parted ways and the wife along with the children moved over to her parental house at Pallippuram. The wife took the children along with her and got them admitted to the St.Mary of Leuca Higher Secondary School, Pallippuram.

(3.) Among the original petitions filed by the husband, O.P.No.2329 of 2019 is for divorce, O.P.No.2337 of 2019 for declaring the liability of the wife to pay an amount of Rs.47,10,080.00, which the husband claims to have spent for purchase of immovable property, construction of residential house, purchase of car etc, and for declaration of the husband's title over half of the property purchased in the joint names of the husband and wife. O.P.(G&W) No.2338 of 2019 is for getting custody of the minor children and to declare the husband as their natural guardian. The wife has filed O.P.(G&W) No.860 of 2019 for declaring her as the guardian and custodian of the minor children and O.P.No.861 of 2019, for recovery of gold ornaments, movables and money.