Jaison vs Brighty @ Bright

A.Muhamed Mustaque, J

This original petition was filed by Jaison, the husband of the respondent seeking the following prayers:

“(i) Direct the Family Court, Thrissur to conduct all further proceedings in OP No.1077/2020 through the Virtual mode, taking into consideration the fact

that the respondent is in Punjab and is not in a position to travel to Kerala to attend the proceedings physically.

(ii) Direct the Family Court, Thrissur to interact with the respondent, extensively to see if she has actually deserted the petitioner and pass appropriate orders in

OP No.1077/2020, as expeditiously as possible.â€​

Pending the original petition, parties have mutually agreed to separate themselves u/s 10A of the Divorce Act, 1869. Accordingly, they filed a

petition for divorce based on mutual consent. This has been numbered as IA No.1/2021. Parties have also sworn in separate affidavits declaring their

intention to separate by mutual consent.

Today, we interacted with Sri.Jaison as well as Smt.Brighty @Bright through online. They have been identified by their respective counsel

appearing in this matter. They are adamant in their stand in dissolving the marriage by mutual consent. Having interacted with the parties, we are of

the view that their intention to separate is bonafide. It is submitted by both parties that they are living separately for the last more than five years.

In the light of the above, we are of the view that the original petition can be disposed of with the following directions:-

The Registry shall forward IA No.1/2021 along with the affidavits to the Family Court, Thrissur. In view of the interaction we have already done,

without insisting for their appearance in person, the Family Court shall pass a decree of divorce u/s 10A of the Divorce Act. Appropriate orders shall

be passed by the Family Court on 29/6/2021.