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2011 Supreme(Online)(KER) 26327

HIGH COURT OF KERALA
K.M.JOSEPH, M.L.JOSEPH FRANCIS, JJ
BINDHU PHILIPS – Appellant
Versus
SUNIL JACOB – Respondent


J U D G M E N T

Joseph Francis, J.

This appeal is filed by the petitioner/respondent/wife in I.A.2893/09 in O.P.(G&W) 496/09 on the file of Family Court, Kottayam at Ettumanoor. The respondent herein is the respondent/husband in that I.A., which was filed by the wife to decide the question of jurisdiction of that court to entertain O.P.

(G&W) 496/09.

2. The facts of the case as mentioned in the appeal memorandum is briefly as follows : The appellant is the wife of the respondent. The marriage between the appellant and respondent was solemnized on 15.4.1996 at Holy Trinity CSI Cathedral Church, Kottayam in accordance with the rites and ceremonies of Christian communities. The appellant and the respondent husband were domiciled in USA from 1996 onwards. Out of the wed lock twin children, namely Alfred William Jacob and Albert Philip Jacob were born on 6.12.2000. While they were studying in Standard IV in USA, all of them came to India in December 2008 for a vacation. Return tickets were arranged for 12.1.2009. In the meanwhile a skirmish was developed between the appellant and the respondent. Respondent decided not to return and to reside here. He filed O.P.(G&W) No.496/2009 before the

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