UDAYAKUMAR Vs. ROOPA

JUDGEMENT

(1.) PETITIONER and the respondent were husband and wife and their marriage was on 21/4/2002. Soon, the relationship got strained and OP No.1853/04 was filed by the respondent wife for divorce. That was decreed by the Family Court, Thiruvananthapuram ex parte on 11/8/2006 and that decree has become final.

(2.) SHE also filed OP No.1857/04 for maintenance and for recovery of money and gold. A copy of the OP is Ext.P1. In that OP, the petitioner filed Ext.P2 objection. During the pendency of the OP, petitioner also filed MC No.533/05 before the Family Court, Bangalore for restitution of conjugal rights. The said MC was also dismissed subsequently for default. We are also told that during the pendency of the OPs before the Family Court, Thiruvananthapuram, petitioner contracted a second marriage on 15/4/2006, which also ended up in divorce as per Ext.R1(e) judgment dated 3/2/2009, rendered by the Principal Judge, Family Court, Bangalore.

(3.) RESPONDENT wife filed her objections, enquiry was held and the power of attorney holders for both sides were examined as PW1 and RW1. Finally, by Ext.P5 order passed by the Family Court on 23/12/2008, IA No.1856/07 was dismissed. It is this order, which is challenged in this writ petition filed by the petitioner, invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India.