Allowed

Smithesh P v. Vs Soumya P

Kerala HC21 Nov 2022Mat.Appeal/538/2022

Case brief

AI extract

What is this about?

The High Court of Kerala allowed this matrimonial appeal by setting aside the Family Court's judgment dismissing a divorce by mutual consent petition. The court held that since the statutory one-year period had expired, the original petition should be restored and remanded for expedient consideration.

What did the court decide?

The judgment of the Family Court dated 23.05.2022 was set aside. OP No. 467 of 2022 was restored to file and remanded to the Family Court, Tirur, to consider the petition and pass orders.

Smithesh P v Vs Soumya P — Matrimonial and Divorce | Kerala HC (2022)

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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 ANIL K.NARENDRAN

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THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

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MONDAY, THE 21ST DAY OF NOVEMBER 2022 / 30TH KARTHIKA, 1944
MAT.APPEAL NO.538OF 2022

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AGAINST THE JUDGMENT DATED 23.05.2022 IN OP.NO.467 OF 2022 OF
FAMILY COURT, TIRUR

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APPELLANT/S:

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SMITHESH P V, AGED 42 YEARS
S/O. SUDHAKARAN P V, PANDARAVALAPPIL HOUSE,
KERALADHEESWARAPURAM, TANALUR P.O, K. PURAM AMSOM
DESOM, MALAPPURAM DISTRICT, PIN - 676 307.

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BY ADVS.
P.T.SHEEJISH
P.P.RAVOOF

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RESPONDENT/S:

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SOUMYA P, AGED 36 YEARS
D/O. PRAKASAN M, MOZIYATH HOUSE, ANAKKARA,
ANAKKARA P.O, ANAKKARA AMSOM DESOM, PALAKKAD
DISTRICT, PIN-679 551.

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BY ADVS.
ENOCH DAVID SIMON JOEL
S.SREEDEV(K/1219/2006)
RONY JOSE(K/705/2012)
CIMIL CHERIAN KOTTALIL(K/345/2017)

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THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION ON
21.11.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

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MAT.APPEAL NO. 538 OF 2022

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JUDGMENT

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Anil K. Narendran, J.

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The appellant and respondent have filed O.P.No.467 of 2022, a joint application under Section 13B of the Hindu Marriage Act, 1955, seeking a decree of divorce by mutual consent of the marriage solemnized between them on 11.09.2021. That original petition was supported by I.A.No.2 of 2022, an application filed under Section 14 of the Act, seeking an order to waive the statutory period of one year. That application ended in dismissal by the order dated 23.05.2022. Consequently, O.P.No.467 of 2022 was dismissed by the judgment dated 23.05.2022. Feeling aggrieved, the appellant is before this Court in this appeal, invoking the provisions under Section 19(1) of the Family Courts Act, 1984.

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On 02.08.2022 when this appeal came up for admission, this Court admitted the matter on file and issued notice to the respondent by speed post.

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Heard the learned counsel for the appellant and also the learned counsel for the respondent.

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The marriage between the appellant and the

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MAT.APPEAL NO. 538 OF 2022

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respondent was solemnized on 11.09.2021. Now the statutory period of one year is over.

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In such circumstances, this appeal is allowed by setting aside the judgment and decree dated 23.05.2022 of the Family Court, Tirur, whereby O.P.No.467 of 2022 ended in dismissal, on account of the dismissal of I.A.No.2 of 2022. In the result, O.P.No.467 of 2022 is restored to file and the Family Court, Tirur is directed to consider that original petition and pass appropriate orders thereon, as expeditiously as possible.

Sd/-

ANIL K.NARENDRAN

JUDGE

Sd/-

P.G. AJITHKUMAR

JUDGE

bkn/-

Smithesh P v. Vs Soumya P

Case brief

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Smithesh P v. Vs Soumya P

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