Allowed

Sajikumar C. R. v. Suryalal

Kerala HC5 Nov 2019Mat.Appeal/1007/2014

Case brief

AI extract

What is this about?

The High Court allowed the appellant's appeal and the mutual divorce application. Waiving the six-month waiting period, the court granted a divorce decree dissolving the marriage between the parties after confirming their settled claims and intent to separate.

What did the court decide?

Six months waiting period under Section 13B(2) waived; decree of divorce passed dissolving the marriage; Matrimonial appeal disposed of.

Sajikumar C. R. Vs Suryalal — Matrimonial and Divorce | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE A.HARIPRASAD

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THE HONOURABLE MR.JUSTICE N.ANIL KUMAR

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TUESDAY, THE 05TH DAY OF NOVEMBER 2019/14TH KARTHIKA, 1941

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Mat.Appeal No.1007 OF 2014

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AGAINST THE JUDGMENT IN OP 591/2013 OF FAMILY COURT, PALA DATED 11.7.2014

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APPELLANT:

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SAJIKUMAR.C.R. AGED 31 YEARS, S/O.RAMAKRISHNAN, CHENNILATHU HOUSE, MOOKUTTUTHARA.P.O., ERUMELI VILLAGE, KANJIRAPPALLY TALUK.

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BY ADVS. SRI.LIJI.J.VADAKEDOM SMT.REXY ELIZABETH THOMAS

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RESPONDENT:

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SURYALAL, AGED 23 YEARS, W/O.SAJI KUMAR, PURAYIDATHIL HOUSE, NEDUMKUNNAM VILLAGE, CHANGANACHERRY TALUK, KOTTAYAM DISTRICT-686 001.

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BY ADV.SRI.P.C.HARIDAS

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THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 05.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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I.A.Nos.1 & 2/2019 & Mat.Appeal No.1007 OF 2014

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..2..

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JUDGMENT A.Hariprasad, J.

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This appeal arises out of O.P.No.591 of 2013 before the Family Court, Pala filed by the appellant claiming divorce under Section 13 (1) (ia) of the Hindu Marriage Act, 1955 read with Section 7(1) of the Family Courts Act, 1984. The respondent is the respondent before the Family Court.

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Family Court after considering the evidence, instead of granting a decree of divorce, passed a decree for judicial separation. The impugned judgment is dated 11^th July, 2014.

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The disputes involved in this appeal along with those in Mat.Appeal No.1006 of 2014 were settled before Kerala Mediation Centre and a memorandum of settlement dated 24^th October, 2019 has been executed between the parties.

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As they have settled the monetary claims and they have expressed their willingness to separate they filed the captioned applications. One application is filed for waiving six months waiting period prescribed under Section 13B(2) of the

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I.A.Nos.1 & 2/2019 & Mat.Appeal No.1007 OF 2014

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..3..

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Hindu Marriage Act and the other application is for mutual divorce under Section 13B(1) of the Hindu Marriage Act. It is averred by both parties in the affidavit that they are living separately from the year 2011 onwards. They have no intention to resume their marital relationship. All their claims have been settled. Therefore, we find no reason to force them to continue the relationship.

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The learned counsel on both sides relying on the decision reported in Amardeep Singh v. Harveen Kaur [2017 (4) KLT 367 (SC)] contended that unless a decree for divorce is granted the parties will suffer great prejudice. The guidelines stated by the Supreme Court for considering such an application are as follows:-

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“18. Applying the above to the present situation, we are of the view that where the Court dealing with a matter is satisfied that a case is made out to waive the statutory period under Section 13B(2), it can do so after considering the following :

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i) the statutory period of six months specified in Section 13B(2), in addition to the statutory

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I.A.Nos.1 & 2/2019 & Mat.Appeal No.1007 OF 2014

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..4..

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period of one year under Section 13B(1) of separation of parties is already over before the first motion itself;

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ii) all efforts for mediation/conciliation including efforts in terms of Order XXXIIA Rule 3 CPC/Section 23(2) of the Act/Section 9 of the Family Courts Act to reunite the parties have failed and there is no likelihood of success in that direction by any further efforts;

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iii) the parties have genuinely settled their differences including alimony, custody of child or any other pending issues between the parties;

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iv) the waiting period will only prolong their agony."

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The parties are present before this Court as directed

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by this Court. They have no intention to resume their marital relationship.

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Having regard to the entire facts and circumstances

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we are of the view that better interest will be subserved by

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I.A.Nos.1 & 2/2019 & Mat.Appeal No.1007 OF 2014

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allowing the applications. Hence we allow both the applications. Six months waiting period prescribed under Section 13B(2) of the Hindu Marriage Act is hereby waived considering the fact that the parties are living separately from the year 2011 onwards. Their plea for divorce by mutual consent is also granted. A decree of divorce is hereby passed dissolving the marriage between the appellant and respondent. The Mat.Appeal is disposed of as above.

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Sd/-

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A.HARIPRASAD, JUDGE

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Sd/-

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N.ANIL KUMAR,

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skj

Sajikumar C. R. v. Suryalal

Case brief

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Sajikumar C. R. v. Suryalal

Case brief

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