On appeal against a Family Court order refusing divorce, the parties settled out of court and filed a joint application for mutual consent divorce. The High Court allowed the application and waived the six-month statutory period.
Divorce granted; Family Court order set aside; Statutory six-month period waived.
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 A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE A.M.BABU
WEDNESDAY,THE 06TH DAY OF FEBRUARY 2019 / 17TH MAGHA, 1940
Mat.Appeal.No. 146 of 2011
AGAINST THE ORDER IN OP 168/2004 of FAMILY COURT,THRISSUR DATED 19-11-2010
APPELLANT/PETITIONER:
SURYANARAYANAN
SON OF KUNJIKUTTIYAMMA, KANDESSAMKADAVU DESOM, KARAMUCK VILLAGE, THRISSUR TALUK.
BY ADVS.
SRI.S.M.PREM SMT.K.P.SANTHI
RESPONDENT/RESPONDENT:
RUGMINI
DAUGHTER OF KARTHIAYANI AMMA, KOCHATTIL HOUSE,, ARIMBUR DESOM, VELUTHUR VILLAGE, THRISSUR TALUK.
BY ADVS. SMT.R.RAJITHA SRI.SANTHOSH P.PODUVAL
THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 06.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Mat.A.No.146/2011 2
JUDGMENT
SHAFFIQUE, J
This appeal has been filed challenging an order passed by the Family Court, Thrissur refusing to grant divorce as sought for by the petitioner. During the pendency of the appeal, the parties have settled the matter out of court and it was decided to file a joint application for divorce under Section 13B of the Hindu Marriage Act. An application is also filed seeking to waive the statutory period of six months. Necessary affidavit has also been filed by the parties.
Accordingly, the Mat.Appeal is disposed of as under:
i. The order passed by the Family Court is set aside.
ii. The application filed under Section 13B is allowed.
iii. The statutory period for passing order is hereby waived.
iv. It is declared that the marriage between the petitioner and the respondent shall stand dissolved by a decree for divorce.
Sd/-
A.M.SHAFFIQUE, JUDGE
sd/A.M.BABU, JUDGE
kp True copy
P.A. To Judge
2 issues framed by the court
Whether the statutory waiting period of six months for a mutual consent divorce should be waived.
Whether the High Court can grant divorce upon settlement reached during appeal pendency.
1 provisions across 1 enactments
Suryanarayanan
Rugmini
SHAFFIQUE
BABU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
