Athira G.Pillai vs Krishna Raj.G
2022 Latest Caselaw 3943 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
                      OP (FC) NO. 27 OF 2022
AGAINST THE ORDER/JUDGMENT IN OP (HMA) 21/2021 OF FAMILY COURT,
                           MAVELIKKARA
PETITIONER/PETITIONER:

          ATHIRA G.PILLAI,
          AGED 31 YEARS
          W/O.KRISHNA RAJ.G., REVATHI SADANAM, NJAKKANAL,
          KRISHNAPURAM, KRISHNAPURAM P.O., KARTHIKAPPALLY
          TALUK, ALAPPUZHA-690 533.

          BY ADVS.
          G.BENO
          RAJI S.
          GIRIJA N.



RESPONDENT/PETITIONER:

          KRISHNA RAJ.G.,
          AGED 33 YEARS
          S/O.GOPALAKRISHNA PILLAI, KRISHNA VIHAR, EREZHA SOUTH
          MURI, CHETTIKULANGARA P.O., PERINGALA VILLAGE,
          MAVELIKKARA TALUK, ALAPPUZHA-690 106.

          BY ADVS.
          Gokul D Sudhakaran
          MRUDULA P.M(K/47/2009)
          VAISHNAV DATH S.(K/2263/2019)


     THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
05.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 O.P (FC) No.27 of 2022                  2



                      A.MUHAMED MUSTAQUE &
                          SOPHY THOMAS, JJ.
                    ------------------------------------
                         O.P. (FC) No.27 of 2022
                    ------------------------------------
                  Dated this the 5th day of April, 2022


                            JUDGMENT

A.Muhamed Mustaque, J.

This original petition was filed for early disposal of the petition

for divorce filed by the petitioner before the Family Court,

Mavelikkara as O.P(HMA) No.21 of 2021.

2. The parties resolved their disputes and filed a joint petition

under Section 13B of the Hindu Marriage Act. They also entered

into a joint statement, which is produced along with I.A No.1 of

2022.

3. The parties are present before us. We interacted with

them. They are firm in their decision for separation. The marriage

between the parties was solemnised on 05.04.2013. They are living

separately since 2017 onwards.

4. In the light of the interaction, we are of the view that, their

marriage can be dissolved based on the joint petition filed before

this Court under Section 13B of the Hindu Marriage Act.

Accordingly, we order dissolution of the marriage between the

parties by mutual consent. We also direct the Family Court,

Mavelikkara to pass a formal decree of dissolution of marriage based

on interaction by us, without further insistence of their presence

before that court. The joint statement produced before this Court

along with the application under Section 13B of the Hindu Marriage

Act shall be forwarded to the Family Court, Mavelikkara and the

Family Court shall, after recording the joint statement, pass a formal

decree of divorce.

This original petition is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE JUDGE

Sd/-

SOPHY THOMAS JUDGE

smp

APPENDIX OF OP (FC) 27/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE OP(HMA) NO.21/2021 DATED 01.01.2021 FILED BEFORE THE HON'BLE FAMILY COURT, MAVELIKAKRA.

Exhibit P2 TRUE COPY OF THE APPLICATION DATED 07.10.2021 BEFORE THE HON'BLE FAMILY COURT, MAVELIKKARA.

Exhibit P3 TRUE COPY OF THE ORDER DATED 24.11.2021 IN EXT.P2.

Exhibit P4 TRUE COPY OF THE OP(HMA) NO.624/2018 FILED BEFORE THE HON'BLE FAMILY COURT, MAVELIKAKRA DATED 30.05.2018.

Exhibit P5 TRUE COPY OF THE OP(OTHERS) NO.590/2018 FILED BEFORE THE HON'BLE FAMILY COURT, MAVELIKKARA DATED 30.05.2018.

Exhibit P6 TRUE COPY OF THE OP(HMA) NO.523/2019 DATED 14.05.2019 FILED BEFORE THE HON'BLE FAMILY COURT, MAVELIKKARA.

Exhibit P7 TRUE COPY OF THE JUDGMENT DATED 27.11.2020 BY THE HON'BLE FAMILY COURT, MAVELIKAKRA.

Exhibit P8 TRUE COPY OF THE JUDGMENT DATED 09.05.2019 BY THE HON'BLE FAMILY COURT, MAVELIKKARA.

Exhibit P9 TRUE COPY OF EP No.2/2021 IN EXT.P8 FILED BEFORE THE HON'BLE FAMILY COURT, MAVELIKAKRA.

Exhibit P10 TRUE COPY OF THE OP No.41/2021 FILED BY THE PETITIONER.

Exhibit P11 TRUE COPY OF THE RECEIPT DTD.10/06/2019 ISSUED FROM SHO, POLICE STATION, KAYAMKULAM.

Exhibit P12 TRUE COPY OF THE RECEIPT No.1268/P1/G1/21 DTD.15/11/21 ISSUED FROM POLICE STATION, KAYAMKULAM.

RESPONDENT'S EXHIBITS: NIL.

True Copy

P.S to Judge

smp