Kerala High Court
Seema B Menon vs Dilip T. V on 4 December, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
SATURDAY, THE 4TH DAY OF DECEMBER 2021/13TH AGRAHAYANA, 1943
OP (FC) No.521 OF 2021
AGAINST THE ORDER IN IA 3653/2021 IN OP 264/2021 OF FAMILY
COURT, ERNAKULAM
PETITIONER/RESPONDENT:
SEEMA B MENON
AGED 38 YEARS
C/O. & D/O. M. BALAKRISHNA MENON, JANAKI, PRA - 2,
POTTAYIL TEMPLE ROAD, EROOR SOUTH P. O.,
TRIPUNITHURA, ERNAKULAM - 682 306.
BY ADVS.
C.P.UDAYABHANU
RASSAL JANARDHANAN A.
NAVANEETH.N.NATH
P.U.PRATHEESH KUMAR
ABHISHEK M. KUNNATHU
RESPONDENT/PETITIONER:
DILIP T. V.
AGED 40 YEARS
S/O. T. PRABHAKARAN, 3E, MORNING STAR APARTMENTS,
VYMEETHI NAGAR, NEAR SAIL, TRIPUNITHURA P. O.,
ERNAKULAM DISTRICT - 682 301.
BY ADV M.VANAJA
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
04.12.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P (FC) No.521 of 2021 2
A.MUHAMED MUSTAQUE &
SOPHY THOMAS, JJ.
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O.P. (FC) No.521 of 2021
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Dated this the 4th day of December, 2021
JUDGMENT
A.Muhamed Mustaque, J.
This original petition was filed challenging an order dated
13.10.2021 in I.A No.3653 of 2021 in O.P No.264 of 2021 of
Family Court, Ernakulam, regarding custody of the child. The
petitioner is the mother and respondent is the father.
2. On our intervention and thereafter, with deliberation of
the lawyers, the parties resolved their dispute. Accordingly, they
entered into an agreement in regard to separation of marriage,
custody of the child, maintenance and also dispute over the
property. The memorandum of settlement is produced before
this Court. A joint petition under Section 13B of the Hindu
Marriage Act, 1955 is also filed before us.
3. We once again ascertained from the parties in regard to
their stand on dissolution of marriage. They affirmed in their
decision. A petition for divorce has been filed by the wife
(petitioner herein) before the Family Court, Ernakulam on
04.12.2020. The above case has been numbered as O.P (HMA)
No.2395 of 2020.
4. We, in such circumstances, are of the view that the
Family Court has to pass a decree based on the settlement
entered into. There is no other formality to be complied in view
of the fact that, we interacted with the parties and they affirmed
in their decision for divorce on mutual consent.
5. In the light of the fact that more than six months have
lapsed after institution of the proceedings, the marriage between
the parties has come to an end on mutual consent under
Section 13B of the Hindu Marriage Act, 1955.
We, in such circumstances, direct the Family Court to pass
a formal decree in regard to divorce and on all other matters
agreed in the settlement, without any further formality, on
20.12.2021. The registry is directed to forward the
memorandum of settlement and petition under Section 13B of
the Hindu Marriage Act to the Family Court, Ernakulam to be
incorporated in O.P(HMA) No.2395 of 2020. The Family Court
shall record the settlement as above in O.P(HMA) No.2395 of
2020 and dispose the terms of settlement. The parties shall
follow the terms and conditions in the memorandum of
settlement till 20.12.2021 and thereafter, follow the decree in
regard to custody.
This original petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
SOPHY THOMAS
JUDGE
smp
APPENDIX OF OP (FC) 521/2021
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE ORDER IN IA
3653/2021 IN O.P.NO.264/2021 DATED
13.10.2021.
Exhibit P2 A TRUE COPY OF O.P.NO.264/2021ON THE
FILES OF THE FAMILY COURT, ERNAKULAM ON
25.01.2021.
Exhibit P3 A TRUE COPY OF THE IA 3276/2021 DATED
04.08.2021 IN G.O.P.NO.264/2021.
Exhibit P4 A COPY OF THE OBJECTIONS FILED BY THE
PETITIONER TO EXHIBIT P3 IA 3276/2021
DATED 12.08.2021 IN G.O.P.NO.264/2021.
Exhibit P5 A TRUE COPY OF THE IA 3653/2021 DATED
24.08.2021 IN G.O.P.NO.264/2021.
Exhibit P6 A COPY OF THE OBJECTIONS FILED BY THE
PETITIONER TO EXHIBIT P5 IA 3653/2021
DATED 08.09.2021 IN G.O.P.NO.264/2021.
Exhibit P7 MEMORANDUM OF SETTLEMENT AGREED BETWEEN
PETITIONER AND RESPONDENT AS DIRECTED
BY THIS HON'BLE COURT.
Exhibit P8 COPY OF MUTUAL DIVORCE PETITION WITH
AFFIDAVITS.
RESPONDENT'S EXHIBITS: NIL.
True Copy
P.S to Judge
smp
