The High Court of Kerala allowed a joint application under Section 13B of the Hindu Marriage Act for divorce by mutual consent. Consequently, the pending matrimonial appeal against the dismissal of the original divorce petition was dismissed as unnecessary.
Divorce granted by mutual consent under Section 13B. Matrimonial appeal dismissed as unnecessary.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.T.SANKARAN & THE HONOURABLE MR.JUSTICE M.L.JOSEPH FRANCIS
FRIDAY, THE 29TH DAY OF JUNE 2012/8TH ASHADHA 1934
Mat.Appeal.No. 164 of 2010 ( )
OPHM.126/2009 of FAMILY COURT,KOZHIKODE
APPELLANT/ORIGINAL PETITIONER:
P.T.JYOTSANA D/O.RAMESH "SURYA", THEKKEYIL CHEMMINIYIL KANNUR-670 004.
BY ADVS.SRI.A.K.CHINNAN SMT.SUSAL A. CHINNAN
RESPONDENT(S)/RESPONDENT IN O.P.:
K.K.LAJEESH
S/O.LOHITHAKSHAN,"PRANAVAM", SNEHANGAR COLONY KONGANNUR, ATHOLI-KOZHIKODE-, 673 315.
BY ADV. SRI.A.RANJITH NARAYANAN BY ADV. SRI.S.K.SAJU
THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 29-06-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K.T.SANKARAN & M.L.JOSEPH FRANCIS, JJ.
Mat. Appeal No.164 of 2010
Dated 29th June, 2012.
J U D G M E N T
K.T.Sankaran, J.
The appellant filed O.P.(HM) No.126 of 2009 on the file of the Family Court, Kozhikode, against the respondent for divorce under Section 13(1)(ia) of the Hindu Marriage Act. As per the order dated 27.8.2009, the Family Court dismissed the Original Petition. The appellant is aggrieved by the order passed by the court below.
Mat. Appeal No.164 of 2010
2
genuine and that there is no collusion between the parties. Therefore, I.A.No.2926 of 2011 is allowed and the marriage between P.T.Jyotsana and K.K.Lajeesh (the appellant and respondent in Mat. Appeal No.164 of 2010) is dissolved by a decree of divorce with effect from today.
In view of the decree passed by us in the application under Section 13B of the Hindu Marriage Act, Mat.Appeal No.164 of 2010 is dismissed as unnecessary.
Sd/-
K.T.SANKARAN, JUDGE.
Sd/-
M.L.JOSEPH FRANCIS, JUDGE.
tgs
(true copy)
1 issue framed by the court
Whether the dismissal of the original divorce petition in the matrimonial appeal requires decision when parties seek divorce by mutual consent under Section 13B.
2 provisions across 1 enactments
P.T. Jyotsana
K.K. Lajeesh
K.T. Sankaran
M.L. Joseph Francis
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
