High Court Kerala High Court

Shibukumar.M.K. vs Shyja on 27 August, 2008

Kerala High Court
Shibukumar.M.K. vs Shyja on 27 August, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MFA.No. 450 of 2003(D)


1. SHIBUKUMAR.M.K., S/O.UTHAMAN,
                      ...  Petitioner

                        Vs



1. SHYJA, AGED 28 YEARS, (MENTALLY ILL),
                       ...       Respondent

                For Petitioner  :SRI.P.V.KUNHIKRISHNAN

                For Respondent  :SRI.P.K.RAMKUMAR

The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice HARUN-UL-RASHID

 Dated :27/08/2008

 O R D E R
             KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
            ----------------------------------------------------------------
                            M.F.A.NO. 450 OF 2003
            ----------------------------------------------------------------
                   Dated this the 27th day of August, 2008

                                   JUDGMENT

Harun-Ul-Rashid, J.

The petitioner in O.P. No.71 of 2001 on the file of the Family Court,

Kozhikode is the appellant. The said Original Petition was filed by the

appellant/husband for dissolution of marriage. The Family Court by order

dated 5.9.2002 dismissed the Original Petition holding that the

appellant/petitioner is not entitled to get a decree of divorce. Hence, this

appeal.

2. When the matter was taken up for final hearing, the parties

appeared before us. We are happy to note that the parties have agreed to

settle all the disputes between them. Accordingly, they have filed I.A.

No.2283 of 2008, a joint application under Section 13 B of the Hindu

Marriage Act, 1955 for a decree of divorce on mutual consent. We find

that the parties are separated since 1999 and the marital life between them

has irretrievably broken. The parties are unable to cohabit and continue the

marital relationship. We are satisfied that the joint petition is filed on their

M.F.A.NO.450/2003 2

own accord and there is no collusion between the parties in filing the same.

We also feel that there is no necessity to wait for the statutory period and

we are inclined to waive the lie over period. The impugned order is

accordingly set aside and the marriage between the appellant and

respondent is dissolved by a decree of divorce on mutual consent with

effect from today.

The appeal is disposed of as above. The terms stipulated and

agreed to by the parties in I.A. No.2283 of 2008 shall form part of the

decree. There will be no order as to costs.

(KURIAN JOSEPH, JUDGE)

(HARUN-UL-RASHID, JUDGE)

sp/

M.F.A.NO.450/2003 3

KURIAN JOSEPH &
HAURN-UL-RASHID, JJ.

M.F.A. NO.450/2003

JUDGMENT

27th August, 2008

M.F.A.NO.450/2003 4