RENNY ELIZAABETH UMMAN Vs. AMRUTHA RAJ BABY

JUDGEMENT

(1.) The petitioner filed O.P.(Div)No.1434 of 2020 before the Family Court, Mavelikkara (Ext.P1), which is one filed against the respondent herein-husband, seeking a decree of divorce under Sec. 10 of the Divorce Act, 1869, to dissolve the marriage solemnised between the parties on 23/4/2018 at St.Mary's Cathedral Church, Thumbaman. On receipt of the notice, the respondent entered appearance and filed I.A.No.2 of 2021 (Ext.P2) to return O.P.(Div)No.1434 of 2020 for presentation before the proper court. In that interlocutory application, the petitioner filed objection dtd. 4/10/2021 (Ext.P3). After considering the rival contentions, the Family Court passed Ext.P4 order dtd. 3/1/2022, whereby O.P.(Div)No.1434 of 2020 is returned for presentation before the proper court. The reasoning of the Family Court, as contained in the 3 rd paragraph of Ext.P4 order reads thus;

(2.) Feeling aggrieved by Ext.P4 order dtd. 3/1/2022 of the Family Court in I.A.No.2 of 2021 in O.P.(Div)No.1434 of 2020, the petitioner-wife is before this Court in this original petition, invoking the supervisory jurisdiction under Article 227 of the Constitution of India.

(3.) On 2/2/2022, when this original petition came up for admission, this Court admitted the matter on file and issued urgent notice to the respondent by speed post.