Parvathy Nair vs Vipin. P
2022 Latest Caselaw 9765 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
        THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                   &
             THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
   FRIDAY, THE 26TH DAY OF AUGUST 2022 / 4TH BHADRA, 1944
                        OP (FC) NO.637 OF 2021
AGAINST THE ORDER/JUDGMENT IN IA 2869/2019 IN OP 1123/2017 OF
                      FAMILY COURT, IRINJALAKUDA
PETITIONER:

         PARVATHY NAIR,
         AGED 35 YEARS
         D/O. K. VELAYUDHAN NAIR, VELOOKKARA VILLAGE,
         NADAVARAMBU DESOM, MUKUNDAPURAM TALUK, THRISSUR
         DISTRICT-680 661, REPRESENTED BY POWER OF ATTORNEY
         HOLDER RAGESH, S/O. RAMACHANDRAN NAIR, KAKKARA
         HOUSE, KAIPAMANGALAM, KODUNGALLUR TALUK, THRISSUR
         DISTRICT-680 681.

         BY ADVS.
         SREEDEVI KYLASANATH
         ACHUTH KYLAS
         R.MAHESH MENON
         DEAGO JOHN K


RESPONDENT:

         VIPIN. P,
         AGED 39 YEARS,
         S/O. PUTHIYEDATH VEETTIL (NANDHANAM), P. MOHANAN,
         VEMBALLUR VILLAGE, MUKUNDAPURAM TALUK, THRISSUR
         DISTRICT, 680 671.

             BY ADVS.
             ELDHO PAUL
             TESSY JOSE


     THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
26.08.2022,     THE   COURT   ON   THE   SAME    DAY   DELIVERED   THE
FOLLOWING:
 OP(FC) No.637 of 2021                  2


                   A.MUHAMED MUSTAQUE &
                       SOPHY THOMAS, JJ.
                 ------------------------------------
                        O.P. (FC) No.637 of 2021
                 ------------------------------------
             Dated this the 26th day of August, 2022


                           JUDGMENT

A.Muhamed Mustaque, J.

The petitioner in this original petition is the petitioner in

O.P No.1123 of 2017 on the file of Family Court, Irinjalakuda.

She approached this Court aggrieved by the order passed by the

Family Court in I.A No.2869 of 2019 dated 27.09.2021.

2. On our persuasion and involvement of lawyers, both

parties agreed for resolution of their disputes regarding divorce.

Accordingly, they filed I.A No.1 of 2022 before this Court, under

Section 13B of the Hindu Marriage Act, for divorce by mutual

consent.

3. The petitioner, Smt.Parvathy Nair, is present before this

Court in person. The respondent, Sri.Vipin P, came online. His

father and power of attorney holder is also present personally.

The parties are firm in their decision for separation of marriage

by mutual consent.

4. Sri.Vipin P filed O.P No.1131 of 2017 before the Family

Court, Irinjalakuda as against Smt.Parvathy Nair for recovery of

gold ornaments and money. Similarly, Smt.Parvathy Nair filed a

claim against Sri.Vipin P in O.P No.254 of 2018 before the same

court. Both cases are pending.

In the above circumstances, the following order is passed:

i) We dissolve the marriage between Smt.Parvathy Nairand Sri.Vipin P solemnised on 11.09.2007 by mutual consent.

ii) Registry shall forward a copy of Section 13B petition filed before this Court vide I.A No.1 of 2022 to the Family Court, Irinjalakuda for the purpose of recording it in O.P No.1131 of 2017 and O.P No.254 of 2018.

iii) Thereafter, the Family Court shall pass a formal decree of divorce, in the light of the interaction we had already made between the parties, without insisting their presence, within a period of two weeks.

iv)Since it is submitted that O.P No.1131 of 2017 and O.P No.254 of 2018 are posted to 01.09.2022, the Family Court shall dispose the matters within a period of four weeks from thereon.

v) Smt.Parvathy Nair submitted that she has no objection in quashing the proceedings against Sri.Vipin P for the offence punishable under Section 498 of IPC. The said submission is recorded.

This original petition is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE JUDGE

Sd/-

SOPHY THOMAS JUDGE

smp

APPENDIX OF OP (FC) 637/2021

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE MEMORANDUM OF O.P.

NO. 1123 OF 2017 FILED BEFORE THE HON'BLE FAMILY COURT, IRINJALAKUDA DATED 06.12.2017.

Exhibit P2 A TRUE COPY OF THE I.A. NO. 2869 OF 2019 IN O.P. NO. 1123 OF 2017 FILED BY THE PETITIONER BEFORE FAMILY COURT, AT IRINJALAKUDA DATED DECEMBER , 2019.

Exhibit P3 A TRUE COPY OF THE OBJECTION FILED BY THE RESPONDENT N I.A. NO. 2869 OF 2019 IN O.P. NO. 1123 OF 2017 BEFORE FAMILY COURT, AT IRINJALAKUDA DATED 27.01.2020.

Exhibit P4 TRUE COPY OF THE MEDICAL REPORT FROM THE UROLOGY DEPARTMENT OF AMRITA INSTITUTE OF MEDICAL REPORT FROM THE UROLOGY DEPARTMENT OF AMRITA INSTITUTE OF MEDICAL SCIENCE DATED 07.09.2017.

Exhibit P5 A TRUE COPY OF THE ORDER DATED 27.09.2021 IN I.A. NO. 2869 OF 2019 IN O.P. NO. 1123 OF 2017 PASSED BY FAMILY COURT, AT IRINJALAKUDA.

RESPONDENT'S EXHIBITS: NIL.

True Copy

P.S to Judge

smp