IN THE HIGH COURT OF KERALA AT ERNAKULAM
Mat.Appeal.No. 422 of 2008()
1. SUNI MOL, AGED 23 YEARS,
... Petitioner
Vs
1. SANTHOSH KUMAR, AGED 35 YEARS,
... Respondent
For Petitioner :SRI.JOHNSON GOMEZ
For Respondent : No Appearance
The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :15/07/2008
O R D E R
KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
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MAT. APPEAL No.422 OF 2008
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Dated this the 15th day of July, 2008.
J U D G M E N T
Kurian Joseph, J.
This appeal is filed against the judgment in
O.P.(HMA)No.116/2006 on the file of the Family Court, Kollam.
The said original petition was filed for dissolution of marriage on
the grounds available under Section 13(ia) and (ib) of the Hindu
Marriage Act.
2. It is seen that the respondent was set ex parte. In the
appeal also, though notice was served, there is no appearance.
The petition was dismissed mainly on the ground that as on the
date of filing the petition, two year period of separation had not
elapsed. Apparently, in view of the said view taken by the court,
no serious consideration on the other ground of cruelty was made
by the court.
3. Be that as it may, learned counsel for the appellant
submits that now that the period is over, the appellant may be
given an opportunity before the Family Court to amend the
M.A.No.422/08 2
pleadings so that much time and multiplicity of the proceedings
can be avoided.
Accordingly, we set aside the judgment and decree under
appeal in O.P.(HMA)No.116/2006 and remit the matter to the
Family Court, Kollam to be disposed of expeditiously, after giving
an opportunity to the appellant to amend the pleadings.
This appeal is disposed of as above.
KURIAN JOSEPH
JUDGE
HARUN-UL-RASHID
JUDGE
smp