IN THE HIGH COURT OF KERALA AT ERNAKULAM
MFA.No. 450 of 2003(D)
1. SHIBUKUMAR.M.K., S/O.UTHAMAN,
... Petitioner
Vs
1. SHYJA, AGED 28 YEARS, (MENTALLY ILL),
... Respondent
For Petitioner :SRI.P.V.KUNHIKRISHNAN
For Respondent :SRI.P.K.RAMKUMAR
The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :27/08/2008
O R D E R
KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
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M.F.A.NO. 450 OF 2003
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Dated this the 27th day of August, 2008
JUDGMENT
Harun-Ul-Rashid, J.
The petitioner in O.P. No.71 of 2001 on the file of the Family Court,
Kozhikode is the appellant. The said Original Petition was filed by the
appellant/husband for dissolution of marriage. The Family Court by order
dated 5.9.2002 dismissed the Original Petition holding that the
appellant/petitioner is not entitled to get a decree of divorce. Hence, this
appeal.
2. When the matter was taken up for final hearing, the parties
appeared before us. We are happy to note that the parties have agreed to
settle all the disputes between them. Accordingly, they have filed I.A.
No.2283 of 2008, a joint application under Section 13 B of the Hindu
Marriage Act, 1955 for a decree of divorce on mutual consent. We find
that the parties are separated since 1999 and the marital life between them
has irretrievably broken. The parties are unable to cohabit and continue the
marital relationship. We are satisfied that the joint petition is filed on their
M.F.A.NO.450/2003 2
own accord and there is no collusion between the parties in filing the same.
We also feel that there is no necessity to wait for the statutory period and
we are inclined to waive the lie over period. The impugned order is
accordingly set aside and the marriage between the appellant and
respondent is dissolved by a decree of divorce on mutual consent with
effect from today.
The appeal is disposed of as above. The terms stipulated and
agreed to by the parties in I.A. No.2283 of 2008 shall form part of the
decree. There will be no order as to costs.
(KURIAN JOSEPH, JUDGE)
(HARUN-UL-RASHID, JUDGE)
sp/
M.F.A.NO.450/2003 3
KURIAN JOSEPH &
HAURN-UL-RASHID, JJ.
M.F.A. NO.450/2003
JUDGMENT
27th August, 2008
M.F.A.NO.450/2003 4