Raigon Jose K vs Anusha George
2022 Latest Caselaw 3843 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
        THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                    &
             THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
  TUESDAY, THE 5TH DAY OF APRIL 2022 / 15TH CHAITHRA, 1944
                      MAT.APPEAL NO. 54 OF 2021
   AGAINST THE JUDGMENT DATED 20.11.2020 IN OP 206/2016 OF
                      FAMILY COURT, OTTAPPALAM
APPELLANT/RESPONDENT:

             RAIGON JOSE K, AGED 39 YEARS, S/O. K.K. JOSE,
             KATTOOKKARAN VEEDU, ROOP NIVAS, CROSS ROAD,
             OLLUR POST, THRISSUR DISTRICT, PIN-680 306

             BY ADVS.
             T.M.RAMAN KARTHA
             SMT.MANJU R. KARTHA
             SMT.M.S.SOUJATH
             SMT.VINEETHA VIJAYAN
             SMT.KEERTHI.S.NAIR



RESPONDENT/PETITIONER:

             ANUSHA GEORGE, AGED 33 YEARS
             D/O. GEORGE V.V, VATTAYIL VEEDU, THACHAMPARA POST,
             MANNARKKAD TALUK, PALAKKAD DISTRICT, PIN-678 593

             BY ADV SRI.P.K.MOHANAN(PALAKKAD)




    THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON
05.04.2022,     THE   COURT   ON    THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 MAT.APPEAL NO. 54 OF 2021

                                     2




                        J U D G M E N T

A.Muhamed Mustaque, J.

This appeal arises from a petition for divorce

granted in favour of the wife on the ground of cruelty.

2. Pending this appeal, the parties mutually

agreed for divorce to separate and accordingly, they

filed a petition under Section 10A of the Divorce Act.

3. Parties are present before this Court. We

interacted with them. They are firm in their decision

to separate by mutual consent.

4. Having considered the joint petition for

divorce, we are of the view that, the marriage can be

dissolved by mutual consent.

5. On being satisfied with the bonafide petition,

we allow the petition for divorce. Accordingly,

marriage between the appellant and respondent MAT.APPEAL NO. 54 OF 2021

solemnized on 26.01.2011 is dissolved by superseding

the impugned judgment.

Sd/-

A.MUHAMED MUSTAQUE, JUDGE

Sd/-

SOPHY THOMAS, JUDGE AS MAT.APPEAL NO. 54 OF 2021

APPENDIX OF OP (FC) 535/2021

PETITIONER EXHIBITS

EXHIBIT P1 CERTIFIED COPY OF THE ORDER DATED 26/10/2021 IN I.A.NO.02/2021 IN O.P.NO.587/2021 ON THE FILE OF FAMILY COURT, MALAPPURAM.

EXHIBIT P2 TRUE COPY OF THE O.P.587/2021 FILED BY THE RESPONDENT ON THE FILE OF FAMILY COURT, MALAPPURAM.

EXHIBIT P3 TRUE COPY OF THE I.A.2/2021 FILED U/S.12 OF THE GUARDIAN AND WARDS ACT.

EXHIBIT P4 TRUE COPY OF THE COUNTER AFFIDAVIT TO I.A.2/2021 IN O.P.587/2021 FILED BY THE RESPONDENT ON THE FILE OF FAMILY COURT, MALAPPURAM.