Allowed

Ajayakumar @ John v. Nisha P. @ Mary

Kerala HC20 Dec 2010Mat.Appeal/577/2009

Case brief

AI extract

What is this about?

The High Court allowed matrimonial appeals filed against a dismissal of a divorce claim and a decree for restitution of conjugal rights. Allowable due to a settlement, the court dissolved the marriage by mutual consent under Section 10A of the Divorce Act after confirming the waiting period had elapsed.

What did the court decide?

Matrimonial appeals allowed; impugned orders set aside; marriage dissolved by mutual consent under Section 10A of the Divorce Act with effect from the date of judgment.

Ajayakumar @ John Vs Nisha P. @ Mary — Matrimonial and Divorce | Kerala HC (2010)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 20TH DECEMBER 2010 / 29TH AGRAHAYANA 1932

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Mat.Appeal.No. 577 of 2009() -----------------------------------------OP.240/2008 of FAMILY COURT,KOZHIKODE .................... APPELLANT/PETITIONER(S): -----------------------------------------AJAYAKUMAR @ JOHN, REP. BY P/A HOLDER T.U.GEORGE REP.BY POWER OF ATTORNEY HOLDER, T.U.GEORGE. THENAM MAKKAN HOUSE, KOORACHUNDU AMSOM DESOM, ATHYODI P.O., KOYILANDY TALUK, KOZHIKODE DISTRICT.

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BY ADV. SRI.T.G.RAJENDRAN

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RESPONDENT(S): RESPONDENT ---------------------------------------------

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NIZHA.P.@ MARRY, D/O BALAN NAIR, AGED 32 YEARS, PARAMBADI HOUSE, VATTOLI P.O., PANANGAD AMSOM DESOM, KOYILANDY TALUK, KOZHIKODE NOW RESIDING AT ARCHANA, KALLODE, PERAMBRA P.O.

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THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 20/12/2010, ALONG WITH MA NO. 852 OF 2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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tss

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R.BASANT & K.SURENDRA MOHAN, JJ.

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MAT Appeal Nos.577 of 2009 and 852 of 2009

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Dated this the 20^th December, 2010

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JUDGMENT

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Basant, J.

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Mat.Appeal No.577/2009 is filed by the appellant/husband against the dismissal of his claim for divorce under Section 10 of the Divorce Act. Mat.Appeal No.852/2009 is filed by the appellant against a decree for restitution of conjugal rights passed against him by the Family Court on the application filed by the respondent, his wife.

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During the pendency of these appeals, the parties have settled their disputes. Accordingly, a joint application for divorce has been filed under Section 10A of the Divorce Act. That petition was filed on 15.6.2010. That was received and the matter was adjourned on 16.6.2010 to 20.12.2010.

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We have heard both counsel. Both spouses have filed affidavits to confirm that they want the marriage to be dissolved by mutual consent under Section 10A of the

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Mat.A.577/2009

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&852/2009 2

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Divorce Act. All requisite formalities under Section 10A have been complied with. The spouses are legally married. They have been residing separately for a period in excess of two years. They have decided to get their marriage dissolved. An application has been filed under Section 10A of the Divorce Act on 15.6.2010. The waiting period of six months under Section 10A(2) of the Divorce Act has already elapsed. Spouses have confirmed that they want their marriage to be dissolved under Section 10A of the Divorce Act. We are satisfied in these circumstances that these appeals can be allowed, impugned orders can be set aside and divorce by mutual consent under Section 10A of the Divorce Act can be granted.

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In the result,

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a) Mat.Appeal No.852/2009 is allowed. The impugned order is set aside.

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b) Mat Appeal No.577/2009 is allowed. The impugned order is set aside.

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c) I.A.No.1495/2010 is allowed. The marriage between the spouses, solemnised as per christian religious

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Mat.A.577/2009 &852/2009 3

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rites at the Amalapuri St.Thomas Church, Kozhikode on 12.5.1999, is hereby dissolved on mutual consent under

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Section 10A of the Divorce Act with effect from this date.

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R.BASANT

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JUDGE

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K.SURENDRA MOHAN JUDGE

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css/

Ajayakumar @ John v. Nisha P. @ Mary

Case brief

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Ajayakumar @ John v. Nisha P. @ Mary

Case brief

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