Deepak Kalathil v. Saritha S.Menon and Another
Case brief
What is this about?
The High Court of Kerala allowed a matrimonial appeal in part. The court upheld the lower court's rejection of a nullity petition but allowed a joint application for mutual consent divorce filed under Section 13B of the Hindu Marriage Act after verifying a six-month waiting period and the settlement of disputes.
What did the court decide?
The marriage between the appellant and respondent is dissolved by mutual consent under Section 13B of the Hindu Marriage Act; the order under Section 12 dismissing the nullity claim is upheld.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN
MONDAY, THE 13TH DECEMBER 2010 / 22ND AGRAHAYANA 1932 Mat.Appeal.No. 835 of 2008(G) ---------------------------OP.460/2007 of FAMILY COURT, KOZHIKODE ....................
APPELLANT : PETITIONER
DEEPAK KALATHIL, S/O.RADHAKRISHNAN NAIR, KALATHINGAL, P.O.KARAMTHUR, KUNNAMANGALAM, KOZHIKODE.
BY ADV. SRI.ANIL K.NARENDRAN
RESPONDENTS : RESPONDENTS
- SARITHA S.MENON, D/O.M.SHANKARANKUTTY MENON, SARANG (MULLASSERI), P.O.MANKAVE, KOZHIKODE.
- M.SHANKARANKUTTY MENON, SARANG (MULLASSERI), P.O.MANKAVE, KOZHIKODE.
ADV. SRI.K.A.SALIL NARAYANAN FOR R1-2
Issues for consideration
3 issues framed by the court
Whether the marriage between the appellant and respondent can be dissolved by mutual consent under Section 13B of the Hindu Marriage Act.
Whether the period of six months has elapsed since the filing of the application for mutual consent divorce.
Whether the impugned order rejecting the claim for nullity of marriage should be upheld.
Parties & counsel
- appellant
Deepak Kalathil
- respondent
Saritha S. Menon
- respondent
M. Shankarankutty Menon
Coram
Case details
As recorded by the court registry
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