Kerala High Court
G. Shaji vs K.K. Ambika on 11 January, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
TUESDAY, THE 11° DAY OF JANUARY 2022 / 21ST POUSHA, 1943
MAT.APPEAL NO, 27 OF 2013
AGAINST THE ORDER/JUDGMENT IN OP 56/2012 OF FAMILY COURT,
MUVATTUPUZHA
APPELLANT:
G. SHAJI, S/0.GOVINDAN, KUZHIMATTATHIL HOUSE,
KIZHEKKEKARA, MUVATTUPUZHA P.O, ERNAKULAM DISTRICT, PIN
686 661.
BY ADVS.
SRI.SHIJU VARGHEESE
SRI.PRAMOJ ABRAHAM
RESPONDENT :
K.K. AMBIKA, D/O.LATE KURUMBAN, KALARKOTTU HOUSE, EROOR
DESOM, NADAMA VILLAGE, KANAYANOOR TALUK,
NOW RESIDING AT KUZHIMATTATHIL HOUSE, KIZHAKKEKKARA,
MUVATTUPUZHA P.0, ERNAKULAM DISTRICT, PIN 686 661.
BY ADV ATHIRA A.MENON
THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON
11.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MAT.APPEAL NO. 27 OF 2013
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JUDGMENT
A. Muhamed Mustaque, J
This appeal arises from the dismissal of a petition for
divorce filed by the husband. Pending appeal, the parties
resolved their dispute and filed a joint petition for divorce
section under 13 B of the Hindu Marriage Act, 1955. The
parties appeared in person before this Court. We
interacted with them.
2. In view of the fact that the parties are living
separately and this appeal is pending before this Court
since 2013, we waived the six months cooling off period.
Based on the interaction with the parties we grant a
decree of divorce by mutual consent and we also record
the execution of the one third share of the appellant in
favour of the respondent in respect of the house where
MAT.APPEAL NO. 27 OF 2013
the respondent resides. The appellant also handed over
the document to the respondent in our presence.
This Mat. Appeal is disposed of as above.
Sdj-
A.MUHAMED MUSTAQUE
JUDGE
SOPHY THOMAS
JUDGE
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BEFORE THE HON'BLE HIGH COURT OF KERALA,
ERNAKULAM
P Pong ee PJ Qeag
Mat.Appeal No. 27/ 2013
PETITIONER NO-1
G.Shali,
Aged 59 years, 5/0 Govindhan
Kuzhimattathil House
Kishakkekkara, Muvattupuzha P.O
Ernakulam District - 686661
PETITIONER NO-2
K.K Ambika
Aged 53 years, D/o ,Late Rurumban
Kalarkottu House
Ereor desom, Nadama Village
Ranavyanoor Tahik, Now residing at
Kuzhimattathil House
Kishakkekkara, Muvattupuzha p.o
Ernakulam District-Pin 6866]
PETITION FILED U/S SEC-7 FAMILY COURTS ACT
R/W SEC13 (BIOF THE HinDU MARRIAGE ACT OF 1955
A} The Petitioner no-1 herein is having his permanent address
shown in the cause titl and all matices and process from this
Honorable Court may be served on the address shown in the
cause title.
B} The Petitioner no-2 herein is having her permanent address
shown in the cause title and all notices and process from this
Honorable Court may be served on the address shown in the
cause title,
Both the Petitioners belong to the Hindu Schedule Community
and they got married on 25.05.1987. After the marriage, they
Started living together as husband and wife at the house af
Petitioner no-1. Two children were born to the wedlock,
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Soon after the marriage owing to differences in
temperament, habits, tastes, thoughts and increasing
incompatibility, the relationship between the Petitioners
got deteriorated. Frequent quarrels occurred between
them resulting with several reconciliations which did not
however last long. Finally Petitioners decided to separate
between themselves and accordingly they have been
living separately from the year 2008 onwards.
Further attempts and efforts were made by mutual
friends and acquaintances to effect reconciliation and for
the resumption of marital relationship but it was
impossible owing to vital differences between the
Petitioners. The Petitioners respectfully submit that they
have been separated and living apart for more than 13
years and there was no resumption of cohabitation between
the Petitioners since then. The Petitioners further submit
that there are no legal impediment in fling for a divorce
between them. There are no further claim between them
as far the marriage is considered and all matters has been
talked over and settled.
The petitioners decided to settle all the monetary disputes
mutually and there is no existing dispute or grievance
regarding any property or maintenance, Both the
petitioners entered inte an agreement for settling all the
disputes and a copy of the apreement entered between the
parties will form a part of this petition. The petitioner
No.1] is willing to assign his 1/3 share of the
property to the petitioner No.2 within 1 month.
Under the circumstances, Petitioners has mutually
agreed consented and decided that there is no point for
the continuance of the marital relationship and have
further mutually agreed upon the dissolution of the
marriage by a decree of divorce.
In the above matter, both the petitioners prefer the above
petition and there is no collusion between the petitioners
in filng the above petition nor is the above petition
preferred under threat, duress or intimidation from
others. The above petition is preferred by the petitioners
in their own free will and consent as mutually agreed by
the Petitioners. The Petitioners have not filed any petition
for the same relief in any other court. There is no chance
of settlement and the resumption of cohabitation ag
husband and wife between the Petitioners. Hence the
petitioners have been left with no other aption but to fle
the above petition jointly seeking a decree of Divorce fram
this Hon'ble Court. Hf the above petition is not allowed and
the marriage between Petitioners be dissolved by a decree,
the Petitioners will be put to great hardship, loss and
difficulty,
5} AS agreed between the parties, the Ist Petitioner had
executed a Settlement Deed bearing No. 3366 (202)
dated 11.10.2021 of the Muvattupuzha SRO, thereby
settled his 1/3 right over the 3.44 Ares of land in Sy. No.
1G3/12A/1 of the Muvattupuzha Village infovour of the
2" Petitioner,
The Cause of action for the above Petition arose On
29.05.1987, the Petitioners got married and started living
as husband and wife until the year 2007 when owing to
serious differences of opinion the Petitioners decided to
separate 'and has been living separately ever since. They
last lived together at the house bi longing to Petitioner
no-l at Ernakulam which is within the jurisdiction of
this Hon'ble Court,
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In the above circaimistances, it is mast humbly prayed that
this Hon'ble Court may be pleased to allow this petition by passing
a decree dissolving the marriage solemnized between the
petitioners on mutual consent with effect from the date of the
decree and pass any other order deemed to be Just and proper on
the facts and circumstances of the case.
All the facts stated above are true and correct.
Dated this the 23rd day of October, 302}
1 Petitioner Aho}, 26 Petitioner
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VALUATION FOR THE ABOVE PETITION
Valuation payable and paid in the above matter: Nil
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VERIFICATION
We,{1) G.Shaji, aged 59 years, S/o Govindhan, Kuzhimattathil
House, Kizhakkekkara, Muvattupuzha P.O, Ernakulam District, Pin 686861,
(2) K.K Ambika, Aged 53 years, D/o, Late Kurumban, Kalarkottu House, Eroor
Desom, Nadama Village Kanayannur Taluk, Now residing at Kushimattathil
House, Kizhakkekkara, Muvattupuzha P.O, Ernakulam District-Pin 6866 1,
the Petitioners herein do hereby declare and state that all the facts stated
above are true to the best of our knowledge, information and belief and we
believe them to be true.
Dated this the 23rd day of October, 2021
(PETITIONER NO-1) ws
{PETITIONER NO-2}
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