The High Court of Kerala allowed the appeal against the Family Court's default order in a joint divorce petition under Section 13B of the Hindu Marriage Act. After verifying the marriage tie was irretrievably broken and no coercion existed, the court granted a decree of divorce.
A decree for divorce granting dissolution of marriage accepting the joint petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR
FRIDAY, THE 12TH DECEMBER 2008 / 21ST AGRAHAYANA 1930
Mat.Appeal.No. 860 of 2008()
---------------------------OP.248/2007 of FAMILY COURT, PALAKKAD
PETITIONER/APPELLANT
K.S.GAYATHRI, AGED 30 YEARS, D/O.K.SESHADRI, RESIDING AT VRINDAVAN, KAILAS NAGAR, KALPATHI (PO), PUTHUR AMSOM, DESOM, PALAKKAD DISTRICT, TALUK, DIST.
BY ADV. SRI.JACOB SEBASTIAN
RESPONDENT(S): RESPONDENT
C.PRADEEP, AGED 33 YEARS,
S/O.LATE CHANDRASEKHARAN NAIR, RESIDING AT AMBADI HOUSE, KANNADI (PO), YAKKARA AMSOM, PALAKKAD TALUK & DIST.
BY ADV. SRI.BABU PAUL
THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION ON 12/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.R.RAMAN & T.R.RAMACHANDRAN NAIR, JJ.
MAT. APPEAL NO.860 OF 2008 & I.A.NO.3436 OF 2008
Dated this the 12th day of December, 2008
JUDGMENT
Raman,J.
This is an appeal against the order of the Family Court, Palakkad dismissing O.P.No.248/07 for default, which is a joint petition filed by the husband and wife under Section 13B of the Hindu Marriage Act agreeing for dissolution of the marriage. It is submitted that on the day on which the case was posted both the parties were present before the court below and the same was adjourned to be posted after six months as required by law and thereafter, when the case was taken again, they were present before the court below and no orders were passed on that day and later, the case was adjourned on which day it happened to be dismissed for default. Since it is only a routine posting and since they had already appeared before the court below earlier twice and they have
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MAT.APPEAL.No.860/2008 & I.A.NO.3436/2008
not re-united in the meantime, they were under the impression that
the order will be eventually passed accepting the joint petition. Hence, they pray that the order may be set aside.
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MAT.APPEAL.No.860/2008 & I.A.NO.3436/2008
of the marriage under Section 13B of the Act.
In the facts and circumstances of the case, the appeal is
disposed of granting a decree for divorce accepting the joint petition.
P.R.RAMAN,
Judge.
T.R.RAMACHANDRAN NAIR, Judge.
kcv.
1 issue framed by the court
Whether the order dismissing the joint divorce petition for default should be set aside in view of the parties' satisfaction and adherence to statutory cooling-off period.
1 provisions across 1 enactments
K.S.GAYATHRI
C.PRADEEP
P.R.RAMAN
T.R.RAMACHANDRAN NAIR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
