Kerala High Court
Vinith Zacharia Joshy vs Mariam Elizabeth [email protected] on 12 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 12TH DAY OF FEBRUARY 2021 / 23RD MAGHA,1942
Mat.Appeal.No.624 OF 2019
AGAINST THE JUDGMENT IN OPDIV 418/2016 DATED 11-06-2019 OF
FAMILY COURT, THIRUVALLA
APPELLANT/S:
VINITH ZACHARIA JOSHY,
AGED 34 YEARS
(INCORRECTLY TYPED AS VINEETH),
S/O.P.S.JOSHY,PARAYANNOLICKAL HOUSE,
KUTTAPUZHA VILLAGE,THIRUVALLA TALUK,
PATHANAMTHITTA.
BY ADVS.
SRI.VARGHESE C.KURIAKOSE
SRI.V.V.SHAJI
SHRI.SUSANTH SHAJI
RESPONDENT/S:
MARIAM ELIZABETH [email protected],
D/O.DR.ALEXANDER JACOB,KARUNALAYAM
HOUSE,M.C.522/9,DIVYA NAGAR,PATTATHANAM.P.O,KOLLAM
DISTRICT.
R1 BY ADV. SRI.SIVAN MADATHIL
R1 BY ADV. SMT.P.USHAKUMARI
THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON
12.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Mat.Appeal.No.624 OF 2019
JUDGMENT
Dated this the 12th day of February 2021
A.Muhamed Mustaque, J.
This Mat. Appeal arises from the decree and
judgment of O.P.(Div).No.418/2016 on the file of
the Family Court, Thiruvalla. The above O.P. was
filed by the appellant herein for divorce. The
Family Court dismissed the petition. Challenging
the above, this appeal has been preferred.
2. Pending Mat. Appeal, the parties resolved
their disputes and agreed for a divorce on mutual
consent. Accordingly, today a joint petition has
been filed by the parties as I.A.No.1/2021 to
dissolve the marriage by a decree of divorce on
mutual consent under Section 10A of the Divorce
Act, 1869. I.A.No.2/2021 was filed to permit the
Mat.Appeal.No.624 OF 2019
parties to move a joint petition for divorce.
I.A.No.3/2021 was filed to waive the statutory
period of six months as contemplated under Section
10A. I.A.No.4/2021 is filed to interact with the
parties through videoconferencing. Both parties
have also sworn to separate affidavits affirming
the above mentioned joint petition for divorce.
The appellant, Shri Vinith Zacharia Joshi is
present in person before this Court. He has been
identified by his counsel Shri Varghese
C.Kuriakose. Smt.Mariam Elizabeth Alexander, the
joint petitioner in I.A.No.1/2021 is presently
working at Bangalore. We interacted with her
through videoconferencing. She has been identified
by her counsel Shri Sivan Madathil.
3. The parties are living separately from
10.1.2016. On interacting with the parties, we are
of the view that the application has been filed
bona fide and there is no collusion. We, therefore,
allow I.A.Nos.1, 2, 3 and 4 of 2021. All other
pending interlocutory applications are closed.
Accordingly, the marriage between the appellant
Mat.Appeal.No.624 OF 2019
and the respondent solemnised on 2.2.2014 at
St.John's Metropolitan Cathedral, Thiruvalla, stands
dissolved by a decree of divorce on mutual consent.
The Mat. Appeal is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
C.S.DIAS
JUDGE
ms
