SHIBY M CHACKO Vs. LITHA SKARIA

JUDGEMENT

(1.) The petitioner is the husband and the respondent is the wife.

(2.) The petitioner filed O.P.No.1150/2015 in the Family Court against the respondent for granting a decree of divorce. When the case was posted for recording evidence and after filing affidavit in lieu of examination-in-chief, the petitioner filed an application as I.A.No.641/2018 in the Family Court for granting him permission to withdraw the petition for divorce with liberty to institute a fresh petition. The respondent filed objection to that application. As per Ext.P5 order, the Family Court dismissed the application I.A.No.641/2018 holding that there are no sufficient grounds to allow the petitioner to withdraw the petition for divorce with liberty to institute a fresh petition. Ext.P5 order is under challenge in this Original Petition filed under Article 227 of the Constitution of India.

(3.) We have heard learned counsel for the petitioner.