IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 25234 of 2008(S)
1. G.SREEKUMAR,
... Petitioner
Vs
1. JAYA C.NAIR,
... Respondent
For Petitioner :SRI.K.SASIKUMAR
For Respondent :SRI.SUMAN CHAKRAVARTHY
The Hon'ble MR. Justice P.R.RAMAN
The Hon'ble MR. Justice P.S.GOPINATHAN
Dated :03/03/2009
O R D E R
P.R.RAMAN & P.S.GOPINATHAN, JJ.
-------------------------------
W.P.(C) No.25234 of 2008
-------------------------------
Dated this the 3rd March, 2009
J U D G M E N T
Raman, J.
This writ petition is filed seeking for a direction to
the Family Court, Thiruvananthapuram, to dispose of the
matrimonial disputes pending between the parties, at the earliest.
2. I.A.Nos. 3159, 3160 and 3161 of 2009, are the
joint petitions filed by the parties, stating that all the matrimonial
disputes have been settled in terms of a compromise.
I.A.No.3159 of 2009 is filed to record the consent of the parties
and to grant a decree of divorce under Section 13(B)(2) of the
Hindu Marriage Act, after waiving the period of six months
stipulated under Section 13(B)(2), for which a separate petition,
I.A.No.3160 of 2009 is filed. I.A.No.3161 of 2009 is filed
seeking to terminate the proceedings pending between the
W.P.(C) No.25234 of 2008
2
parties before the Family Court as O.P (HMA) 635/2005, OP (G&
W) 693 of 2005, O.P.566 of 2005 and MC.109 of 2005.
3. O.P.No.566 of 2005, pending before the Family
Court, is a petition for divorce and also for other monetary
claims filed by the wife-respondent, alleging cruelty against the
husband. More than three years have elapsed thereafter. Both
sides have not co-habited, after they were separated, prior to the
filing of the petition.
4. In such circumstances, I.A.No.3160 of 2009 is
allowed waiving the time limit stipulated under Section 13(B)(2)
of the Hindu Marriage Act. I.A.No.3159 of 2009 is a joint
petition for divorce signed by the parties and their counsel. The
same is recorded and the marriage is dissolved by granting a
decree for divorce under Section 13(B)(2) of the Hindu Marriage
Act. I.A.No.3161 of 2009 is yet another petition agreeing that
further proceedings on the file of Family Court,
Thiruvananthapuram, be struck off from the file in terms of the
compromise. Recording the compromise, we direct that all
W.P.(C) No.25234 of 2008
3
pending cases before the Family Court, Thiruvananthapuram, O.P
(HMA) 635/2005, OP (G& W) 693 of 2005, O.P.566 of 2005 and
MC.109 of 2005, shall stand struck off from the file, as the
reliefs claimed in those proceedings have been settled in terms of
compromise already filed.
5. A copy of the judgment shall be forwarded to
the Family Court, Thiruvananthapuram, for making necessary
endorsements in the cases pending there.
The writ petition is disposed of as above.
P.R.RAMAN, JUDGE
P.S.GOPINATHAN, JUDGE.
nj.