Raghu vs Priya

RAGHU vs PRIYA

Type Court Judgment Court Kerala Orders Decided Jan 14, 2019

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Citation: sooperkanoon.com/1901584
Court: Kerala Orders High Court
Judge: Honourable Mr.Justice C.K.Abdul Rehim,Honourable Mr.Justice T.V.Anilkumar
Decided On: Jan 14, 2019
Case Number: Mat.Appeal/508/2016

Parties & Advocates

Appellant / Petitioner

RAGHU

Respondent

PRIYA

Excerpt

.....of the marriage under section 13b of the hindu marriage act, based on mutual consent. the parties have also filed i.a.no.2/2019 under sub-section (2) of section 13b seeking waiver of the statutory waiting period of 6 months.4. we take note of the fact that the parties are livingseparated since 16.9.2012 and they have approached the family court seeking dissolution of the marriage as early as in the year 2013. hence we are satisfied that the conditions stipulated by the hon'ble supreme court for waiver of the statutory waiting period, in amardeep singh v. harveen kaur [(2017) 8 scc 746] remains satisfied. hence we are inclined to allow i.a.no.2/2019 and to order waiver of thestatutory waiting period of 6 months for considering the joint application for dissolution of the marriage. both the spouses have filed separate affidavits before this court declaring that the joint application for dissolution of marriage was filed on their own will and that they stand by the said petition to get their marital tie dissolved. hence we are inclined to allow i.a.no.1/2019 and to dissolve the marriage based on mutual consent. in the 'memorandum of settlement' it is mentionedthat the decree passed by the family court in o.p.no.523/2013 now stands fully complied with. it is stated that, on the basis of satisfaction of the decree the appellants in mat.appeal no.508/2016 is not pressing the said appeal.5. under the above mentioned circumstances, the above appeals are hereby disposed of as follows;1. mat.appeal no.115/2016 is disposed of byallowing i.a.no.1/2019 and by declaring the marriage existing between the appellant and the respondent as dissolved, with effect from today, under section 13b of the hindu marriage act, based on mutual consent.2. mat.appeal no.508/2016 is hereby dismissed asnot pressed, in view of the satisfaction recorded in the 'memorandum of settlement'. sd/- c.k.abdul rehim judge sd/- t.v.anilkumar judge bb [true copy] p.a to judge

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM & THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR MONDAY ,THE 14TH DAY OF JANUARY 2019 / 24TH POUSHA, 1940 Mat.Appeal.No. 115 of 2016 O.P.NO.681/2013 of FAMILY COURT, PALAKKAD DATED 30-12-2015
APPELLANT/RESPONDENT: PRIYA, AGED 28 YEARS, D/O. RAMANKUTTY, CHEMATTIYAPPADAM, KALLINGAL, KODUMBU POST, PALAKKAD. BY ADVS. SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH SRI.M.A.AHAMMAD SAHEER RESPONDENT/PETITIONER: RAGHU, AGED 38 YEARS, S/O. RAJAN, VANDAZHI, ILLAKKALAM, KUTTIPALLAM, NATTUKAL POST, PALAKKAD-678 554. BY ADV. SRI.K.ANAND THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 14.01.2019, ALONG WITH Mat.Appeal.508/2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM & THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR MONDAY ,THE 14TH DAY OF JANUARY 2019 / 24TH POUSHA, 1940 Mat.Appeal.No. 508 of 2016 O.P.NO.523/2013 of FAMILY COURT, PALAKKAD DATED 21-01-2016 APPELLANTS/RESPONDENTS:
1 RAGHU, AGED 39 YEARS, S/O.RAJAMANI, C.P.CHALLA, KUTTIPPALLAM, NATTUKKAL POST, KOZHINJAMPARA VILLAGE, CHITTUR TALUK, PALAKKAD DISTRICT 678 554. *2 USHA (ADDRESS CORRECTED) AGED 58 YEARS, W/O.RAJAMANI, KALAPPAKKADU HOUSE, CHEMMATTIYAMPADAM, KODUMBU POST AND VILLAGE, PALAKKAD TALUK - 678 551. * THE ADDRESS OF THE SECOND APPELLANT IS CORRECTED AS 'USHA, AGED ABOUT 58 YEARS, W/O RAJAMANI, C.P CHALLA, KUTTIPPALLAM, NATTUKKAL POST, KOZHINJAMPARA VILLAGE, CHITTUR TALUK, PALAKKAD DISTRICT - 678554' AS PER ORDER DATED NO.508/2016 BY ADV. SRI.K.ANAND
RESPONDENT/PETITIONER: PRIYA, AGED 28 YEARS, W/O.RAGHU, KALAPPAKKADU HOUSE, CHEMMATTIYAMPADAM, KODUMBU POST & VILLAGE, PALAKKAD TALUK - 678 551. BY ADVS. SRI.T.R.ANIL VENUGOPAL SRI.K.N.ABHILASH SRI.M.A.AHAMMAD SAHEER SRI.SUNIL NAIR PALAKKAT THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 14.01.2019, ALONG WITH Mat.Appeal.115/2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

C.K.ABDUL REHIM, J.

Mat.Appeal No.115/2016 is filed against the judgment of the Family Court, Palakkad in O.P.No.681/2013, through which an application for dissolution of the marriage existing between the parties, filed by the respondent, was allowed by the Family Court.

2. Mat.Appeal No.508/2016 is filed by the

respondents in O.P.No.523/2013 of the same Family Court against the judgment and decree through which the claim for return of gold ornaments raised by the respondent herein was allowed.

3. During pendency of the above appeals, the parties were referred for mediation to the Ernakulam Mediation Centre. A report submitted by the accredited Mediator, dated

27.9.2018 would indicate that the parties have settled all the issues. Both of them had agreed to file a joint application seeking dissolution of the marriage, based on mutual consent. It was agreed upon by both the parties that the marriage existing between them can be dissolved on the basis of the joint application, on mutual consent. The parties have filed I.A.No.1/2019 in Mat.Appeal No.115/2016 seeking dissolution of the marriage under Section 13B of the Hindu Marriage Act, based on mutual consent. The parties have also filed I.A.No.2/2019 under sub-section (2) of Section 13B seeking waiver of the statutory waiting period of 6 months.

4. We take note of the fact that the parties are living

separated since 16.9.2012 and they have approached the Family Court seeking dissolution of the marriage as early as in the year 2013. Hence we are satisfied that the conditions stipulated by the Hon'ble Supreme Court for waiver of the statutory waiting period, in Amardeep Singh v. Harveen Kaur [(2017) 8 SCC 746] remains satisfied. Hence we are inclined to allow I.A.No.2/2019 and to order waiver of the

statutory waiting period of 6 months for considering the joint application for dissolution of the marriage. Both the spouses have filed separate affidavits before this court declaring that the joint application for dissolution of marriage was filed on their own will and that they stand by the said petition to get their marital tie dissolved. Hence we are inclined to allow I.A.No.1/2019 and to dissolve the marriage based on mutual consent. In the 'Memorandum of Settlement' it is mentioned

that the decree passed by the Family Court in O.P.No.523/2013 now stands fully complied with. It is stated that, on the basis of satisfaction of the decree the appellants in Mat.Appeal No.508/2016 is not pressing the said appeal.

5. Under the above mentioned circumstances, the above appeals are hereby disposed of as follows;

1. Mat.Appeal No.115/2016 is disposed of by

allowing I.A.No.1/2019 and by declaring the marriage existing between the appellant and the respondent as dissolved, with effect from today, under Section 13B of the Hindu Marriage Act, based on mutual consent.

2. Mat.Appeal No.508/2016 is hereby dismissed as

not pressed, in view of the satisfaction recorded in the 'Memorandum of Settlement'. Sd/- C.K.ABDUL REHIM JUDGE Sd/- T.V.ANILKUMAR JUDGE Bb [True copy] P.A to Judge

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