Kerala High Court
V.I.Yamuna vs T.P.Narayanan on 14 January, 2021
1
Mat.Appeal.No.452 OF 2019
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 14TH DAY OF JANUARY 2021 / 24TH POUSHA, 1942
Mat.Appeal.No.452 OF 2019
AGAINST THE ORDER/JUDGMENT IN OP 849/2013 DATED 28-02-2019 OF
FAMILY COURT, KANNUR
APPELLANT/S:
V.I.YAMUNA
AGED 46 YEARS
D/O HARIDASAN, VADAKKE ILLAM, THIRUVANCHERRYKAVU,
KOOTHUPARAMBA VILLAGE, P.O.KOOTHUPARAMBA, KANNUR
DISTRICT
BY ADVS.
SRI.JOY GEORGE
SRI.RAJU JOSEPH
SMT.SINDHU RAVICHANDRAN
RESPONDENT/S:
T.P.NARAYANAN
AGED 50 YEARS
S/O NARAYANAN, THAZHE PADIKKAL ILLAM, VALAPPATTANAM
VILLAGE, P.O.VALAPPATTANAM, KANNUR DISTRICT PIN 670
010
R1 BY ADV. SRI.BEPIN VIJAYAN
THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON
14.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2
Mat.Appeal.No.452 OF 2019
A.MUHAMED MUSTAQUE & C.S.DIAS, JJ.
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Mat.Appeal No.452 of 2019
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Dated this the 14th day of January, 2021.
JUDGMENT
MUHAMED MUSTAQUE, J.
This appeal was filed by the wife of the respondent
challenging the decree and judgment in OP No.849/2013 on
the file of the Family Court, Kannur. The above original
petition was filed by the respondent seeking dissolution of
marriage on the ground of cruelty. The Family Court
granted a decree as per judgment dated 28.2.2019.
Challenging the decree, the wife has come up with this
appeal.
2. Pending appeal, the parties have resolved the
disputes. There are cases pending before the Family Court,
Kannur and the Judicial First Class Magistrate Court,
Kannur. Based on such settlement, I.A No.2/2021 was filed
before this Court for dissolution of the marriage by mutual
consent under Sec.13B of the Hindu Marriage Act, 1955.
I.A No.1 of 2021 was filed to dispense with the six months'
Mat.Appeal.No.452 OF 2019
waiting period stipulated under Sec.13B(2) of the aforesaid
Act. Based on the submission made last time, we directed
the parties to be present before this Court. Accordingly, the
parties are present before this Court.
3. The marriage between the parties took place on
22.8.1993 as per the rites and ceremonies prevailing in their
community. Three children were born in the wedlock. After
interacting with the parties, we are of the view that the
application was made bonafide and the parties are well
aware of the consequences of the dissolution of marriage.
4. The respondent also submitted before this Court
that based on the settlement, he conveyed the property that
belongs to him in favour of the petitioner and the children.
The respondent also agreed to perform other terms and
conditions as agreed in the settlement arrived at between
the parties before the Family Court.
5. Taking into consideration the fact that the
proceedings for divorce was initiated as early as in the year
2013, and following the dictum laid down by the Hon'ble
Supreme Court in Amardeep Singh v. Harveen Kaur
[(2017) 8 SCC 746), we are convinced that statutory
Mat.Appeal.No.452 OF 2019
waiting period of six months can be waived and the
marriage between the appellant and the respondent can be
dissolved by a decree of divorce, on mutual consent, as
provided under Sec.13B of the Hindu Marriage Act, 1955.
In the result, the appeal is disposed of as follows:
(i) I.A No.1 of 2021 is allowed and statutory waiting period
of six months is waived.
(ii) I.A No.2 of 2021 is allowed and the marriage between
the appellant and the respondent solemnised on 22.8.1993 is
dissolved by a decree of divorce under Sec.13B(1) of the Hindu
Marriage Act.
(iii) The parties shall bear their respective costs.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
C.S.DIAS
SKS/14.1.2021 JUDGE
