Aneesh C.P. vs Dayamol

Type Court Judgment Court Kerala Decided Jun 30, 2021

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Citation: sooperkanoon.com/1631144
Court: Kerala High Court
Judge: Honourable Mr. Justice a.Muhamed Mustaque,Honourable Dr. Justice Kauser Edappagath
Decided On: Jun 30, 2021
Case Number: Mat.Appeal/212/2017

Parties & Advocates

Appellant / Petitioner

Aneesh C.P.

Respondent

Dayamol

Excerpt

.....2judgmenta.muhamed mustaque, j.this appeal arises from a judgment of thefamily court, alappuzha dismissing a petition for divorce filed by the appellant/husband. the parties married on 23.8.2012 as per the hindu customary rites and ceremonies at gowry nandana auditorium, aryakara. the parties lived together only for a short period. they were living apart for more than seven years now. in the appeal, the parties, with the intervention of the third parties, agreed todissolve the marriage mutually. accordingly, a joint petition has been filed under section 13b of the hindu marriage act. the said joint petition is on board. separate affidavits have also been sworn by the parties. the parties were also appeared before us virtually. the appellant has been identified by his counsel, sri.vinod k.r. and the respondent has been identified by her counsel, smt.ajitha c.g. mat. appeal no.212/2017 3 we interacted with the parties. they affirmedin dissolving the marriage. we also find that cooling off period can be waived for the reason that the original petition itself wasinstituted in the year, 2014. being satisfied that the joint application is filed bona fide, we herebydissolve the marriage solemnized between the appellant and the respondent on 23.8.2012 in accordance with the joint petition filed before this court. the decree of divorce is grantedaccordingly. no order as to costs. a.muhamed mustaque dr. kauser edappagath ln

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH WEDNESDAY, THE 30TH DAY OF JUNE 2021 / 9TH ASHADHA, MAT.APPEAL NO. 212 OF 2017 AGAINST THE JUDGMENT IN O.P.No.821/2014 OF FAMILY COURT, ALAPPUZHA ------ APPELLANT/S: ANEESH C.P., AGED 29 YEARS, S/O.PEETHAMBARAN, CHETHUTHARA VEEDU, THALAYAZHAM P.O, THALAYAZHAM VILLAGE, VAIKOM TALUK, KOTTAYAM. BY ADV SRI.K.R.VINOD RESPONDENT/S: DAYAMOL, AGED 25 YEARS, D/O.UDAYABHANU, KURAVAMPARAMBU VEEDU, MUHAMMA P.O., MUHAMMA VILLAGE, ALAPPUZHA-688 525. BY ADVS. SMT.C.G.AJITHA SMT.C.G.BINDU SRI.T.U.THOMAS THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION ON 30.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mat. Appeal No.212/2017 2

JUDGMENT

A.Muhamed Mustaque, J.

This appeal arises from a judgment of the

Family Court, Alappuzha dismissing a petition for divorce filed by the appellant/husband. The parties married on 23.8.2012 as per the Hindu customary rites and ceremonies at Gowry Nandana Auditorium, Aryakara. The parties lived together only for a short period. They were living apart for more than seven years now. In the appeal, the parties, with the intervention of the third parties, agreed to

dissolve the marriage mutually. Accordingly, a joint petition has been filed under Section 13B of the Hindu Marriage Act. The said joint petition is on board. Separate affidavits have also been sworn by the parties. The parties were also appeared before us virtually. The appellant has been identified by his counsel, Sri.Vinod K.R. and the respondent has been identified by her counsel, Smt.Ajitha C.G. Mat. Appeal No.212/2017 3 We interacted with the parties. They affirmed

in     dissolving         the    marriage.          We       also       find
that cooling off          period    can       be    waived        for    the
reason     that     the    original          petition       itself       was

instituted in the year, 2014. Being satisfied that the joint application is filed bona fide, we hereby

dissolve     the     marriage       solemnized             between       the
appellant     and    the        respondent         on     23.8.2012       in
accordance    with       the    joint    petition          filed     before
this     Court.    The     decree       of    divorce        is      granted

accordingly. No order as to costs. A.MUHAMED MUSTAQUE DR. KAUSER EDAPPAGATH ln

Same Court & Year Kerala · 2021 Same Parties Aneesh C.P. vs Dayamol Same Judge Honourable Mr. Justice a.Muhamed Mustaque,Honourable Dr. Just...