T.R.Radhalakishmi Alias Rugmini vs R. Naveen Alias Natarajan on 8 April, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Mat.Appeal.No. 680 of 2008()


1. T.R.RADHALAKISHMI ALIAS RUGMINI,
                      ...  Petitioner

                        Vs



1. R. NAVEEN ALIAS NATARAJAN, AGED 31 YEARS
                       ...       Respondent

                For Petitioner  :SRI.JACOB SEBASTIAN

                For Respondent  :SRI.N.SUKUMARAN

The Hon'ble MR. Justice R.BASANT
The Hon'ble MR. Justice C.T.RAVIKUMAR

 Dated :08/04/2009

 O R D E R
                         R. BASANT &
                    C.T. RAVIKUMAR, JJ.
           -------------------------------------------------
                    Mat.A.No.680 of 2008
           -------------------------------------------------
           Dated this the 8th day of April, 2009

                           JUDGMENT

Basant,J.

This appeal is preferred by the appellant/wife whose

application for divorce on the ground of cruelty and desertion

against her husband though disposed of ex parte was dismissed

by the Family Court. The respondent has entered appearance

in this appeal. During the pendency of the appeal, parties

have settled their disputes and they agreed that the marital tie

can be dissolved without making any mutual recrimination.

They have agreed and decided that the marriage can be

dissolved by consent and a joint application – I.A.No.1146/09

under Sec.13B of the Hindu Marriage Act has accordingly been

filed. The applications have been duly signed by the spouses

and countersigned by their respective counsel. Parties are not

present before court. They are not available in the State. The

husband is employed abroad, submit both counsel. The

learned counsel for parties vouch for their signatures and their

Mat.A.No.680 of 2008 -: 2 :-

agreement for dissolution of the marriage by mutual consent.

All the requirements of Sec.13B of the Hindu Marriage Act have

been satisfied. Though I.A.No.1146/09 agreeing for a divorce by

mutual consent under Sec.13(B) of the HMA has been filed only

on 8/4/09, we are satisfied that separate residences had

commenced long earlier. It is not necessary, in these

circumstances, to post the matter to a date after 6 months for

passing final orders under Sec.13B of the Hindu Marriage Act.

2. In the result:

(a) This appeal is allowed.

(b) The impugned rejection of the prayer for divorce on

the ground of cruelty and desertion is upheld.

(c) But as prayed for by both sides, a decree for divorce is

granted under Sec.13B of the Hindu Marriage Act and the

marriage between the parties solemnised on 8/9/05 is hereby

dissolved.

Sd/-

R. BASANT
(Judge)

Sd/-

                                         C.T. RAVIKUMAR
                                              (Judge)

Nan/

          //true copy//     P.S. to Judge

Mat.A.No.680 of 2008  -: 3 :-