This court confirmed a decree nisi of dissolution of the marriage between the appellant and the respondents, granted by mutual consent under Section 10A of the Divorce Act, converting it into an absolute decree of dissolution.
The decree nisi of dissolution of marriage passed on 4.4.2012 is confirmed, and the marriage is dissolved absolutely.
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 PIUS C.KURIAKOSE & THE HON'BLE MR. JUSTICE BABU MATHEW P.JOSEPH WEDNESDAY, THE 10TH DAY OF OCTOBER 2012/18TH ASWINA 1934 Mat.Appeal.No. 867 of 2009 ( ) -----------------------------OP.951/2005 of FAMILY COURT,ERNAKULAM
APPELLANT(S)/APPELLANT: ----------------------
K.M.SHAJU, AGED 44 YEARS, S/O. LATE K.M.MANIKUNJU, KORAYANMAKKIL HOUSE KARAMALA POST, KOOTHATTUKULAM VIA ERNAKULAM DISTRICT. BY ADVS.SRI.B.S.SWATHY KUMAR SMT.P.A.ANITHA SMT.S.MEERA SMT.M.G.AISHWARYA RESPONDENT(S):
R2 BY ADV. SRI.K.R.VINOD R1 BY ADV. SRI.GEORGE JACOB (JOSE)
THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 10-10-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PIUS C. KURIAKOSE &
BABU MATHEW P. JOSEPH, JJ.
Mat. Appeal No. 867 of 2009
Dated this the 10th day of October, 2012
JUDGMENT
Pius C. Kuriakose, J.
I.A. No.2155/2011 is a joint petition filed by the parties
to the marriage under Section 10A of the Divorce Act for dissolution of the marriage by mutual consent. On considering the petition, this Court on 4.4.2012 passed a decree of dissolution
as a decree nisi and posted the appeal to 5.10.2012. We are informed by counsel on both sides that the parties do not have any second thoughts and they want an absolute decree of dissolution. Hence, we dispose of this matrimonial appeal ordering that the decree nisi of dissolution of marriage which was passed by this Court on 4.4.2012 will stand confirmed. The marriage between the parties is dissolved once and for all.
PIUS C. KURIAKOSE, JUDGE.
BABU MATHEW P. JOSEPH, JUDGE.
krs.
2 issues framed by the court
Whether to confirm the decree nisi of dissolution of marriage passed under Section 10A of the Divorce Act and grant absolute decree.
Whether the parties' desire for absolute dissolution of marriage warrants converting the decree nisi to an absolute decree.
1 provisions across 1 enactments
K.M. Shaju
Mrs. Cini Cherian
Vinod Kumar Jacob
Pius C. Kuriakose
Babu Mathew P. Joseph
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
