Thankamani.N vs V.S.Raju
2021 Latest Caselaw 6837 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

           THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

                                 &

          THE HONOURABLE MR.JUSTICE DR. KAUSER EDAPPAGATH

    FRIDAY, THE 26TH DAY OF FEBRUARY 2021 / 7TH PHALGUNA, 1942

                      Mat.Appeal.No.14 OF 2020

  AGAINST THE ORDER IN OPHMA 869/2017 DATED 24-07-2018 OF FAMILY
                         COURT, ALAPPUZHA


APPELLANT/2nd PETITIONER:

             THANKAMANI.N
             AGED 44 YEARS
             D/O NEELAKANDAN, MARANATTU THEKKETHIL HOUSE,
             THALAVOOR VILLAGE, AVANEESWARAM, RAILWAY STATION
             P.O.KOLLAM DISTRICT.691508

             BY ADV. SRI.ARUN MATHEW VADAKKAN

RESPONDENT/1ST PETITIONER:

             V.S.RAJU
             AGED 49 YEARS
             S/O SREEDHARAN, VADAKKETHOPPIL, THANNEERMUKKAM NORTH
             VILLAGE, KANNANKARA P.O.CHERTHALA TALUK, ALAPPUZHA
             DISTRICT-688 527.

              BY ADV. SRI.M.R.JAYAPRASAD
              BY ADV. SHRI.ROOPKUMAR G.
              BY ADV. SHRI.JOHN K.J.

     THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD             ON
26.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 Mat.Appeal.No.14/2020
                                          2




                                       JUDGMENT

Dated this the 26th day of February, 2021

A. Muhamed Mustaque, J.

This appeal was filed by the wife of the

respondent. They are the petitioners in a joint

petition filed under Section 13 B of the Hindu

Marriage Act, 1955 for divorce by mutual consent

before the Family Court, Alappuzha. During the

counselling, the husband expressed his unwillingness

for a decree of divorce on mutual consent. In the

light of the stand taken by the husband, O.P.(HMA).No.

869/2017 was closed. It was challenging this, the

wife filed this appeal.

2. Parties were referred for mediation. In

mediation, parties agreed to settle the dispute and

dissolve the marriage by mutual consent. Accordingly,

a joint agreement has been filed by the parties. The

joint agreement along with the report of the mediator

is on board. Parties have submitted separate

affidavits expressing their willingness for divorce by

mutual consent. We had directed the parties to appear Mat.Appeal.No.14/2020

in person. They are before us today. We interacted

with them. They are firm in their stand. In the

light of the above, we dissolve the marriage

solomnized between the appellant and respondent on

14.9.2009. The appellant has foregone her monetary

claim. In the light of the above, execution petition,

if any pending, shall be closed. The attachment

effected in O.P.(HMA) 177/2016 shall be lifted. The

Family Court shall communicate the lifting of

attachment to the Sub Registrar concerned without any

delay.

Mat.Appeal is decreed accordingly.

Sd/-

A.MUHAMED MUSTAQUE

JUDGE

Sd/-

                                             Dr. KAUSER EDAPPAGATH
   kp               True copy                          JUDGE
                        P.A. To Judge