IN THE HIGH COURT OF KERALA AT ERNAKULAM
Mat Appeal No. 297 of 2005()
1. REJI.M.K., S/O.KORA,
... Petitioner
Vs
1. SUNI, D/O.THOMAS.K.T.,
... Respondent
2. SHAJI CHACKO, S/O.CHACKO,
For Petitioner :SRI.TOMY SEBASTIAN
For Respondent :SRI.D.SAJEEV
The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :18/10/2007
O R D E R
KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
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Mat. Appeal No. 297 OF 2005
AND
I.A. NO. 2404 OF 2007
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Dated this the 18th day of October, 2007.
J U D G M E N T
Kurian Joseph, J.
This is an appeal filed by the petitioner-husband in
O.P. No. 393/2001 on the file of the Family Court, Kottayam,
under Section 10 of the Indian Divorce Act wherein the petitioner
sought for a decree of dissolution of marriage. The Family Court
declined the relief and hence the appeal.
2. During the pendency of the appeal, the appellant and
the respondent have filed a petition under Section 10A of the
Indian Divorce Act 1869 for dissolution of marriage by mutual
consent. Parties are also present. We spoke to the parties. We
are convinced that there is no collusion and that in the facts and
circumstances of the case they are entitled to have a decree
dissolving their marriage on mutual consent. I.A. No. 2404/2007
is the petition filed under Section 10A of the Indian Divorce Act.
M.A. 297/05 2
In the above circumstances, we allow the petition and issue
a decree declaring that the marriage between the petitioner-
appellant and first respondent is dissolved with effect from today,
the 18th of October 2007. I.A. No. 2404/2007 is ordered
accordingly and the appeal is disposed of.
KURIAN JOSEPH
JUDGE
HARUN-UL-RASHID
JUDGE
smp