IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 1ST DECEMBER 2010 / 10TH AGRAHAYANA 1932 Mat.Appeal.No. 249 of 2007() ---------------------------- OP(DIV).735/2006 of FAMILY COURT, THIRUVALLA .................... APPELLANT/PETITIONER: ------------------------------------ MARIYAMMA @ BAVAMMA, W/O.JACOB THOMAS, MOOTHEDATHU HOUSE, NEAR SCS JUNCTION, PLYATHO LANE, THIRUVALLA. BY ADV. SRI.P.HARIDAS RESPONDENT : RESPONDENT: -------------------------- JACOB THOMAS, S/O. P.C.THOMAS, KOTTARATHIL HOUSE, PERINGOL MURI, KAVUMBHAGOM P.O., THIRUVALLA. THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 01/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT & K.SURENDRA MOHAN, JJ. *********************** Mat.Appeal No.249 of 2007 ***************************** Dated this the 1st day of December, 2010 JUDGMENT BASANT, J. This appeal is directed against the impugned order passed by the Family Court, Thiruvalla, under which an O.P for divorce was dismissed on the short ground that the marriage certificate is not produced. 2. In the light of the decision in Rajilal v. State of Kerala [2010(2) KHC 692], it is well settled that non production of a marriage certificate cannot constitute sufficient reason to justify resort to the course of dismissal of the O.P. The respondent though served has not appeared before this Court. But in the light of the decision in Rajilal v. State of Kerala (supra), we are satisfied that the impugned order deserves to be set aside and this appeal deserves to be allowed. 3. In the result: a) This appeal is allowed; b) The impugned order is set aside; Mat.Appeal No.249 of 2007 2 c) The learned Judge of the Family Court, Thiruvalla, is directed to dispose of O.P.No.735 of 2006 afresh in accordance with law and as expeditiously as possible - at any rate, within a period of six months from the date on which a copy of this judgment is placed before the learned Judge. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/