Sudhakaran vs Vinodhini on 16 June, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Mat.Appeal.No. 376 of 2006()


1. SUDHAKARAN, AGED 38 YEARS,
                      ...  Petitioner

                        Vs



1. VINODHINI, AGED 41 YEARS,
                       ...       Respondent

                For Petitioner  :SRI.V.SANTHARAM

                For Respondent  :SRI.P.RAMACHANDRAN

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

 Dated :16/06/2008

 O R D E R
           KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
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                  Mat.Appeal No.376 Of 2006
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                      Dated 16th June, 2008.

                           J U D G M E N T

Kurian Joseph, J.

This appeal is directed against the judgment and

decree in O.P.No.335/2000 on the file of the Family Court,

Thrissur. The original petition was filed by the appellant/husband

seeking a decree of divorce. The said original petition was

dismissed and hence the appeal.

2. During the pendency of the appeal, thanks to the

earnest efforts taken by the counsel appearing on both sides,

thanks to the cooperation extended by the parties and thanks to

the strenuous efforts taken by the court, the parties have decided

to settle the disputes between them. The terms of the settlement

are stated in I.A.1415/2008. There is also prayer for a decree of

divorce on mutual consent under Section 13B of the Hindu

Marriage Act.

3. In the background of the prolonged litigation

between the parties and their separation for the last around eight

years, a further lie over period is not necessary, since we are

satisfied that there is no collusion between the parties and that it

Mat.Appeal No.376/06 2

is only in their interests, the marriage is being dissolved by a

decree of divorce on mutual consent. Accordingly, the appeal is

disposed of in terms of the compromise, as stated in I.A.1415/08.

The marriage between the appellant and the respondent is

dissolved by a decree of divorce on mutual consent. I.A.1415/08

will form part of the decree.

KURIAN JOSEPH, JUDGE.

HARUN-UL-RASHID, JUDGE.

tgs

KURIAN JOSEPH &

HARUN-UL-RASHID, JJ

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Mat.Appeal No.376 Of 2006

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J U D G M E N T

Dated 16th June, 2008.