Mercy Varghese vs Brite Jaya Jith
2021 Latest Caselaw 6975 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.499 OF 2012

  AGAINST THE ORDER/JUDGMENT IN OP 889/2010 DATED 23-02-2012 OF
                     FAMILY COURT, KOTTAYAM


APPELLANT/S:

                MERCY VARGHESE, AGED 37 YEARS
                KATTAKAYAM HOUSE, VAZHOOR P.O,
                KOTTAYAM

                BY ADV. SRI.MATHEWS K.PHILIP


RESPONDENT/S:

                BRITE JAYA JITH, AGED 40 YEARS,
                RESHMI BHAVAN HOUSE, CHERUVARKONAM HOUSE,
                PARASSALA, TRIVANDRUM.


THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 26.02.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 Mat.Appeal.No.499/2012             2




                                 JUDGMENT

Dated this the 26th day of February 2021

A.Muhamed Mustaque, J.

This appeal was filed against the dismissal

of the petition for divorce filed by the wife.

Pending matter, the parties decided to separate

by mutual consent. Accordingly, the affidavits

have been sworn to by the parties agreeing for

divorce by mutual consent. The application for

waiving the statutory period has also been

submitted before this Court. We interacted with

the parties through online. The respective counsel

identified the parties.

The original petition for divorce itself was

filed in the year 2010. We find a decree of

divorce can be granted on mutual consent in the

light of the facts and circumstances. We are of

the view that the statutory period of six months

can also be waived. We, accordingly, dissolve the

marriage between the appellant and the respondent

solemnized on 03.07.2000 based on mutual consent.

Ordered accordingly.

Sd/-

A.MUHAMED MUSTAQUE

JUDGE

Sd/-

KAUSER EDAPPAGATH

JUDGE

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