IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 27TH JULY 2011 / 5TH SRAVANA 1933 OP (FC).No. 2377 of 2011(R) --------------------------------------- [OP.NO.1322/2009 OF FAMILY COURT,THIRUVANANTHAPURAM] .................... PETITIONER: ------------------- SUNITHA MARIAM MATHEW, AGED 42 YEARS, D/O. K.T.MATHEW, TC 4/1744(2), HOUSE NO.29, BELHAVEN GARDEN,KOWDIAR.P.O.,THIRUVANANTHAPURAM-3, KERALA, NOW RESIDING AT C/O K.T.MATHEW, P.O.BOX. 3562, SAFAT 13036, KUWAIT. BY ADVS. DR.SEBASTIAN CHAMPAPPILLY, SMT.ANNIE GEORGE. RESPONDENT: ---------------------- DR. JACOB GEORGE, AGED 42 YEARS, S/O. GEORGE THUNDIYIL JACOB, TC 25/966, ARISTO JUNCTION, THYCAUD -695 014, THAMBANOOR,THIRUVANANTHAPURAM, KERALA, NOW WORKING AT AL ARFAJ ENGINEERING COMPANY, AL ARFAJ COMPLEX, 2ND FLOOR,SHUWAIKH, KUWAIT. BY THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 27/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.(F.C).NO.2377/2011-R: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: TRUE ENGLISH TRANSLATION OF THE JUDGMENT IN CASE NO.1130/2008 IN THE COURT OF FIRST INSTANCE IN KUWAIT, DTD. 26/08/2008. EXT.P.2: TRUE ENGLISH TRANSLATION OF THE CERTIFICATE OF NON-PENDING APPEAL ISSUED BY THE COURT OF APPEAL DTD. 06/10/2008. EXT.P.3: TRUE ENGLISH TRANSLATION OF JUDGMENT IN APPEAL CASE NO. 2195/2008 IN THE COURT OF FIRST INSTANCE, DTD. 29/01/2009. EXT.P.4: TRUE ENGLISH TRANSLATION OF THE JUDGMENT IN APPEAL CASE NO.3089/2009 DTD. 02/01/2009. EXT.P.5: COPY OF THE ENGLISH TRANSLATION OF THE JUDGMENT IN APPEAL CASE NO.3303/2010 IN THE COURT OF APPEAL IN KUWAIT DTD. 09/12/2010. EXT.P.6: TRUE ENGLISH TRANSLATION OF THE DECREE OF DIVORCE PASSED IN CASE NO. 3652/2009 DTD. 23/03/2010 OF THE COURT OF FIRST INSTANCE IN KUWAIT. EXT.P.7: COPY OF THE O.P.NO.1322/2009 DTD. 21/12/2009. EXT.P.8: COPY OF THE WRITTEN OBJECTION FILED BY THE RESPONDENT DTD. 04/11/2010. EXT.P.9: COPY OF THE REPLICATION DTD. 05/07/2011. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. THOTTATHIL B. RADHAKRISHNAN & K. SURENDRA MOHAN, JJ. ------------------------------------------------------------ O.P(F.C) NO:2377 OF 2011 ----------------------------------------------------------- Dated this the 27th July, 2011. JUDGMENT Thottathil B. Radhakrishnan, J. Having regard to the nature of the directions being issued hereunder, we dispense with notice to the respondent, preserving his right to seek rehearing, if aggrieved by the contents of this judgment. 2. The petitioner sued for divorce in the Family Court, Thiruvananthapuram when proceedings were pending in a Court of First Instance in Kuwait at the instance of the respondent for divorce. After the petitioner instituted proceedings, husband's application in the Kuwait Court is stated to have been granted. 3. The learned counsel for the petitioner says that his client has essentially taken the stand in replication before the Family Court, Thiruvananthapuram, that she would be satisfied if the decree of the Kuwait Court is treated appropriately with reference to Section 13 of the Code of Civil Procedure. In this context, counsel says that the Family Court could at least expedite consideration of this issue. O.P(FC)2377/2011 2 4. We direct the petitioner to place a copy of this judgment before the Family Court, Thiruvananthapuram with a request to expedite the matter in the light of the replication filed by the petitioner in O.P.1322/2009 before the Family Court. If such a request is made, the Family Court will sympathetically consider listing the matter in terms of the request of the petitioner herein. We clarify that we have not expressed anything on the merits of the matter or the applicability or procedure referable to Section 13 of the Code of Civil Procedure. The original petition is ordered accordingly. THOTTATHIL B. RADHAKRISHNAN Judge K. SURENDRA MOHAN Judge jj O.P(FC)2377/2011 3