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2023 Supreme(Online)(KER) 9167

HIGH COURT OF KERALA
ANIL K. NARENDRAN, P. G. Ajithkumar, JJ
ATHIRA MOHANAN – Appellant
Versus
ABIJITH E.S – Respondent


Advocates:
LUKE J CHIRAYIL, AMAL JOSE, ELSA MARY THOMAS

JUDGMENT

P.G. Ajithkumar, J.

The respondent filed O.P.(HMA) No.184 of 2022 before the Family Court, Thodupuzha seeking a decree of dissolution of marriage on the ground of cruelty and desertion. He has filed I.A.No.1 of 2022 to attend the counselling through video call. The petitioner opposed it. However, the Family Court as per order dated 12.01.2023 allowed I.A.No.1 of 2022 and the respondent was permitted to attend counselling through video call. The petitioner challenges the said order in this Original Petition filed under Article 227 of the Constitution of India.

2. Heard the learned counsel appearing for the petitioner.

3. Marriage of the petitioner and the respondent was solemnised as per customary rites. Their relationship eventually estranged. Therefore, the respondent filed O.P. (HMA) No.184 of 2022. The respondent has filed I.A.No.1 of 2022 stating that although he attended the court proceedings in person on 13.09.2022 and 16.09.2022, counselling did not take place for want of presence of the petitioner. He had to go to Malaysia thereafter, where he is employed. In such circumstances, he has filed the said interlocutory application seeking permission of the court to attend c

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