IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944
MAT.APPEAL NO. 17 OF 2015
AGAINST THE JUDGMENT DATED 27/09/2014 IN O.P.NO.161 OF
2013 OF THE FAMILY COURT, TIRUR
APPELLANT:
SHABU, AGED 28 YEARS
VANIYAM PARAMBIL HOUSE, MUTTANNUR, MALAPPURAM
DISTRICT (TIRUR POLICE STATION LIMIT)
BY ADVS.SRI.K.SHIBILI NAHA
SRI.SAJU RAGHAVAN
RESPONDENT:
PRASEETHA, D/O.APPUNNI,
AGED 21 YEARS
KONDATH HOUSE, MANGALAM P.O, MALAPPURAM DISTRICT
(TIRUR POLICE STATION LIMIT)
BY ADVS.SRI.M.I.JOHNSON
SRI.T.K.MOIDEEN KUTTY
SRI.T.K.SAIDALIKUTTY
THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION
ON 23.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
-2-
Mat.Appeal No.17 of 2015
JUDGMENT
Anil K. Narendran, J.
The appellant, who was the petitioner in O.P.No.161 of 2013 on the file of the Family Court, Tirur, an original petition filed under Sections 5(1) and 11 of the Hindu Marriage Act, 1955 read with Section 7(1)(a) of the Family Courts Act, 1984, seeking a decree declaring his marriage with the respondent herein solemnised on 03.04.2008 as null and void, has filed this appeal invoking the provisions under Section 19 of the Family Court Act, challenging the judgment dated 27.09.2014 of the Family Court in O.P.No.161 of 2013. This appeal was filed along with C.M.Application No.38 of 2015, seeking condonation of delay of 56 days. On 06.04.2022, this Court admitted the matter on file after condoning the aforesaid delay.
2. Today, when this matter is taken up for consideration, it is submitted by the learned counsel for the appellant-husband and also the learned counsel for the respondent-wife that the parties have already obtained a decree of divorce by mutual consent, in a joint application -3- Mat.Appeal No.17 of 2015 filed under Section 13B of the Hindu Marriage Act, by the order dated 10.03.2017 of the Family Court, Tirur in O.P.No.384 of 2016. In such circumstances, this appeal may be disposed of recording the said fact.
Based on the aforesaid submission made by the learned counsel on both sides, this appeal is disposed of, recording the fact that the parties have already obtained the decree of divorce by mutual consent, under Section 13B of the Hindu Marriage Act, by the order dated 10.03.2017 of the Family Court, Tirur in O.P.No.384 of 2016.
Sd/-
ANIL K. NARENDRAN, JUDGE Sd/-
P.G. AJITHKUMAR, JUDGE AV/27/6