The High Court held that statutory cooling-off period under Section 13B cannot be waived. The Court directed the Family Court to allow the petitioner to appear online upon expiry of the period to finalize the mutual consent divorce.
Directed the Family Court to allow the petitioner to appear online after six months and dispose of the case interactively.
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.MUHAMED MUSTAQUE
&
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH WEDNESDAY, THE 22ND DAY OF SEPTEMBER 2021 / 31ST BHADRA, 1943
OP (FC) NO. 449 OF 2021
IN OP 1251/2021 OF FAMILY COURT, ERNAKULAM
PETITIONER/1st PETITIONER:
KRISHNAPRIYA.M.G
AGED 27 YEARS D/O.K.R.GOPALAKRISHNAN NAIR, KAPPAZHATHOTTATHIL HOUSE, KEZHUVAMKULAM.P.O, KOTTAYAM DISTRICT, PIN686584.
BY ADV LATHEESH SEBASTIAN
RESPONDENT/2ND PETITIONER:
SREEKUMAR.K.M, AGED 31 YEARS S/O. MOHANAN.K.R, KANNENKERIL HOUSE, CHITTETHUKARA, CSEZ.P.O, ERNAKULAM DISTRICT, PIN-682037.
BY ADV BENOY K.KADAVAN
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 22.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(FC).No.449/2021
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J U D G M E N T
Dated this the 22nd day of September, 2021
A.Muhamed Mustaque,J.
Petitioner and respondent are the joint petitioners for divorce by
mutual consent before the Family court, Ernakulam. The petition was filed
on 25/6/2021. The petitioner has approached this court seeking for a
direction to the Family court to dispose the case after waiving six months'
cooling off period under Section 13B of the Hindu Marriage Act, 1955. The
petitioner got employment in Canada and was to join duty on 7/9/2021. It
is for this reason that the petitioner sought waiver of the cooling off period.
cooling off period. However, the petitioner's grievance can very well be
addressed by allowing the petitioner to appear before the court through
online platform immediately after six months. The Family Court shall
O.P.(FC).No.449/2021
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allow the petitioner to appear online and respondent to appear in person
before the Family Court. We direct the Family Court to take up the matter
on 27/12/2021. On that day, after interaction with the parties, the court
can pass appropriate orders.
The Original Petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
kp True copy
P.A. To Judge
O.P.(FC).No.449/2021
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APPENDIX OF OP (FC) 449/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE AGREEMENT ENTERED BETWEEN THE PETITIONER AND THE RESPONDENT ON 18.07.2000. Exhibit P2 TRUE COPY OF THE JOINT PETITION IN O.P(DIV).NO.1251/2021 OF FAMILY COURT, ERNAKULAM Exhibit P3 TRUE COPY OF THE EMPLOYMEBNT OFFER LETTER DATED 18.06.2021 ISSUED BY THE EMPLOYER Exhibit P4 TRUE COPY OF THE PETITION IN I.A.NO.3572/2021 IN O.P.NO.1251/2021 OF FAMILY COURT, ERNAKULAM.
2 issues framed by the court
Whether the High Court has the power to waive the six-month cooling-off period under Section 13B of the Hindu Marriage Act, 1955.
How to address the petitioner's inability to wait for the cooling-off period due to employment abroad.
1 provisions across 1 enactments
Krishnapriya.M.G
Sreekumar.K.M
A.Muhammad Mustaque
Dr. Kauser Edappagath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
