IN THE HIGH COURT OF KERALA AT ERNAKULAM
Mat.Appeal.No. 477 of 2008()
1. S.GIREESH KUMAR, 40 YEARS
... Petitioner
Vs
1. N.K.SANDHYA RANI 33 YEARS
... Respondent
For Petitioner :SRI.D.KISHORE
For Respondent :SRI.SUDEESH KUMAR RAMAKRISHNA
The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :31/07/2008
O R D E R
KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
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Mat.Appeal No.477 of 2008
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Dated 31st July, 2008.
J U D G M E N T
Kurian Joseph, J.
This is an appeal filed by the petitioner in O.P.381/04
on the file of the Family Court, Thiruvananthpuram. The said
petition was filed for a decree of divorce under Section 13(1)(i-a)
of the Hindu Marriage Act, 1955 on the ground of cruelty. There
was also an allegation regarding desertion. There were other
cases also, between the parties. The Family Court declined to
dissolve the marriage and hence the appeal.
2. During the pendency of the appeal, the parties
have filed I.A.2002/08 for a decree of divorce on mutual consent.
The parties were married on 18.1.1993. It is seen that they have
been living separately ever since 25.7.2002 due to incompatible
relationship. In the nature of the disputes between the parties,
and in the back ground of the litigations between them, we are
convinced that a further lie over period is not necessary, and it is
in the interests of the parties that orders are passed in the joint
petition without further delay. We are also convinced that there
is no collusion between the parties. Therefore, we allow
Mat.Appeal No.477/08 2
I.A.2002/08. The marriage between the appellant and the
respondent is dissolved by a decree of divorce on mutual
consent.
The appeal is disposed of as above. I.A.2002/08 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.477 of 2008
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J U D G M E N T
Dated 31st July, 2008.