Shabu vs Praseetha
2022 Latest Caselaw 7302 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
       THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
                             &
        THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
 THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944
                 MAT.APPEAL NO. 17 OF 2015
 AGAINST THE JUDGMENT DATED 27/09/2014 IN O.P.NO.161 OF
              2013 OF THE FAMILY COURT, TIRUR
APPELLANT:

         SHABU, AGED 28 YEARS
         VANIYAM PARAMBIL HOUSE, MUTTANNUR, MALAPPURAM
         DISTRICT (TIRUR POLICE STATION LIMIT)

         BY ADVS.SRI.K.SHIBILI NAHA
         SRI.SAJU RAGHAVAN


RESPONDENT:

         PRASEETHA, D/O.APPUNNI,
         AGED 21 YEARS
         KONDATH HOUSE, MANGALAM P.O, MALAPPURAM DISTRICT
         (TIRUR POLICE STATION LIMIT)

        BY ADVS.SRI.M.I.JOHNSON
        SRI.T.K.MOIDEEN KUTTY
        SRI.T.K.SAIDALIKUTTY


     THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION
ON 23.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                   -2-
Mat.Appeal No.17 of 2015



                              JUDGMENT

Anil K. Narendran, J.

The appellant, who was the petitioner in O.P.No.161 of

2013 on the file of the Family Court, Tirur, an original petition

filed under Sections 5(1) and 11 of the Hindu Marriage Act,

1955 read with Section 7(1)(a) of the Family Courts Act,

1984, seeking a decree declaring his marriage with the

respondent herein solemnised on 03.04.2008 as null and void,

has filed this appeal invoking the provisions under Section 19

of the Family Court Act, challenging the judgment dated

27.09.2014 of the Family Court in O.P.No.161 of 2013. This

appeal was filed along with C.M.Application No.38 of 2015,

seeking condonation of delay of 56 days. On 06.04.2022, this

Court admitted the matter on file after condoning the

aforesaid delay.

2. Today, when this matter is taken up for

consideration, it is submitted by the learned counsel for the

appellant-husband and also the learned counsel for the

respondent-wife that the parties have already obtained a

decree of divorce by mutual consent, in a joint application

Mat.Appeal No.17 of 2015

filed under Section 13B of the Hindu Marriage Act, by the

order dated 10.03.2017 of the Family Court, Tirur in

O.P.No.384 of 2016. In such circumstances, this appeal may

be disposed of recording the said fact.

Based on the aforesaid submission made by the learned

counsel on both sides, this appeal is disposed of, recording the

fact that the parties have already obtained the decree of

divorce by mutual consent, under Section 13B of the Hindu

Marriage Act, by the order dated 10.03.2017 of the Family

Court, Tirur in O.P.No.384 of 2016.

Sd/-

ANIL K. NARENDRAN, JUDGE

Sd/-

P.G. AJITHKUMAR, JUDGE

AV/27/6