Anil Kumar vs Rambha Anil Kumar on 3 July, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

RPFC.No. 325 of 2008()


1. ANIL KUMAR, AGED 32 YEARS,
                      ...  Petitioner

                        Vs



1. RAMBHA ANIL KUMAR, AGED 27 YEARS,
                       ...       Respondent

2. NIKHIL KUMAR, AGED 4 YEARS,

                For Petitioner  :SRI.P.BABU KUMAR

                For Respondent  :SMT.J.SHEEBA MARIAM

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

 Dated :03/07/2009

 O R D E R
                        KURIAN JOSEPH &
                      HARUN-UL-RASHID,JJ.
                ---------------------------
                R.P.(F.C.).NO.325 OF 2008 &
                   CRL.M.A.No.6230 OF 2009
                 ---------------------------
             DATED THIS THE 29TH DAY OF JUNE, 2009

                             O R D E R

Harun-Ul-Rashid, J.

Respondent in M.C.No.126/06 on the file of the

Family Court, Ernakulam is the petitioner. The said M.C. was

filed by his wife and minor child. By order dated 9/10/2007 the

Family Court, Ernakulam allowed the petition directing the

petitioner herein to pay maintenance at the rate of Rs.750/- each

per month.

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

directed the parties to appear in person for exploring the

possibility of a settlement. Accordingly, the parties appeared in

the chambers on several occasions. We are happy to note that the

parties settled the disputes between them. Accordingly, the

parties filed a joint petition as Crl.M.A.No.6230/2009 stipulating

the terms of compromise. In terms of the compromise the

petitioner paid an amount of Rs.1,00,000/- in cash to the

respondents herein in full and final settlement of all monetary

claims. The parties also filed Crl.M.A.No.6471/2009 under

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RP.(F.C).No.325/2008 &
Crl.M.A.No.6230/09

Section 13B of the Hindu Marriage Act praying for dissolving

the marriage by mutual consent.

3. The petitioner and the lst respondent mutually

agreed that a decree of divorce may be passed under Section 13

B of the Hindu marriage Act. Since the parties are living

separately for the last several years, we are convinced that there

is no possibility of re-union in future. We are also of the view

that there is no necessity for the parties to wait, till the expiry of

the lie over period. Hence, the lie over period is waived. In the

circumstances, we allow Crl.M.A.No.6471/2009 and a decree of

divorce is passed dissolving the marriage of the parties by

mutual consent with effect from today. The terms of compromise

in Crl.M.A.No.6230/2009 are recorded and shall form part of this

order.

Revision Petition is disposed of as above.

KURIAN JOSEPH,
Judge.

HARUN-UL-RASHID,
Judge.

kcv.

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RP.(F.C).No.325/2008 &
Crl.M.A.No.6230/09