Kerala High Court
Abhirami J.S vs Gokul S on 17 March, 2022
IN THE HIGH COURT OF RERALA AT ERItAKUILAM
pEursERT
THE E[oNouRABId= MR. dusTICE A.M[)HmqD MuSTAQUE
a
TED HONOuRABIE MRs. TusTlc= sOpE[y TE[cons
TEtnsonT, Tz]E 17m mr or mRCH 2022 / 26TEZ pzmliGRm, 1943
NO. 77 0F 2022
AGAINST THE oRI>ER/ouD®oniT EN o.p.No.1631/2o2o &
o.p.No.2593/2olg or FziNII,I cotIRT, TRIVIiNDRI"
iEirmcnqER/§ :
ABHIRA)H J.S. , AGED 23 YEARS
uACIAREAw, I c 39/2297 (3) , vETTzng7rm],
TE[IRmmLzi, "IRInmNENTmpuRAM, PRESENTI,I RESIDING
Ap I c 15/1578, RARmttrm4, M p jLpmif imGnR,
VAZHt7THACAtD p o, THIRIr`nNaN"AptmAM-695014.
8¥ AI)v inolDzi.s
EuspoNDENI/S :
coml, s-. , AGED 28 ¥Ez[Rs
S/O sANTHOSHKunnR, vrsml,I, Tc 17/1254,
cHAIAKuzHI EroAD, MCRA-1121/1 )qDlcAI, cot.LEGE p o,
TE[IRtJVILRELNTfIAPURAM, PIN-695011.
cEiITmzi D s. , Acm 5o ¥EZLRs
w/o sANrmosERIntnR, v¥sml,I , Tc 17/1254,
cELAIthRITZEII ROAI>, MCRA-1121/1 eGI>ICAI, col,LEGE p o,
TE[IRUVANANTHZLPURAM, PIN-695011.
SANTE[OSZ"DthR, AGED 52 YEARS
VYsflzLlil , TC 17/1254 , CZIZLLARIJZHI ROAD,
MCRA-1121/1 iGDlczLI, COI.u=eE p a,
TE[IRuvANANTHApt7Rae4, plN-6 95oii.
BY ADVS .
RZLvl rqRlsEDtnN
corm a.mlR
"IS op (EnMII,I cotmT) mvlNG Cord up FOR AimssloN oN
17.03.2022, THE COURT 0N TEH Sale DAY DEIIIVERED THE
roLLCRENG :
OP(FC) No.77/2022
JUDCRENT
A.Muhaned Musta
This original petition was ffled seeking a di-rection to
dispose of the original petitions pending before the Family Court,
Thimvananthapuram, in a time bound manner. This original
petition was filed ty the wife. The first respondent is her
husband. We summoned both parties before us. Thereafter, the
parties agreed to a settlement. The parties also filed a petition
for dissolution of marriage by mutual consent invoking Section
1 38 of the Hindu Marriage Act. The parties are living separately
since 2019. The petition for divorce filed Ivy the wife is pending
before the Family Court, Thiruvananthapuram, in
O.P.No.1631/2020. O.P.No.259S/2019 filed by the wife is also
pending before the same court.
2. The parties have come to an agreement on all disputes
and the terms and conditions are incorporated in the petition for
dissolution of marriage by mutual consent. We interacted with
OP(FC) No.77/2022
the parties. The parties are firm on the decision to separate by
divorce. On the basis of the interaction, we find the application
is fuFT£ /r.t7G and the fflarriage can be separated by a decree of
divorce. Accordingly, we passed the following orders:
i. The marriage between the petitioner and the first
respondent solemnised on 15.01.2017 is dissolved by a decree of
divorce.
ii. The Family Court, Thiruvananthapuram, shall dispose of
O.P.No.1631/2020 recording the dissolution of mariage by
mutual consent on the basis of the interaction with the parties
ty this Court, without iflsi8tiflg on further appearaflce of the
parties.
iii. A formal decree shall be passed in this regard, by the
Family Court.
iv. The parties shall be governed lay all other terms and
conditions agreed between them in the application for mutual
consent.
OP(FC) No.77/2022
v. AIl other pending matters shall be disposed of in the
light of the mutual petition filed before this Court.
vi. The petition for dissolution of rlrarriage by mutual
consent filed by the parties before this Court vide I.A.No.1/2022
will form part of the judgment and the parties are free to
produce the same before the Falnily Court for the disposal of the
pending fflatters.
vii. In terms of the settlement, it is ordered that the
petitioner-fflother is the guardian afld the permanent custodian
of the child.
The original petition is disposed of as above.
Sd/-
A. roHziRED xpsmQUE
JueGE
i3al -
sopii¥ THcne
JTro6E
ln
OP(FC) No.77/2022
APPEnelx OFOP
pETITIchteRi s EmlBITs
EiiiilBIT P1 TRUE COPY OF T" 0 P NO.2593/2019 DATED
8.11.2019 ow THE FILE or Frml.I couRT.
EXHIBIT P2 TRUE copy OF THE a p NO.1631/2o2o DARE
12.io.2o2o on TE[E FILE oF mrml,¥ couRT,
THIR
BEFORE THE HON'BLE HIGH COURT OF KERALA ERNAKULAM
I.A. No. of 2022
0.P.(F.C.) No.77 of 2022
Between:
Abhirami.J.S. & Gokul S.
Petitioners
And:
a Nil
Respondent
PETITION FOR DISSO LUTION OF MARRIAG
EBY MUTUAL CONSENT
{£i!e±Lunder Section 138 of the±±jp±un4aHiageL44)
Name and Address of the Petitioners:
1. Abhirami.J.S., aged 23, D/o sreelatha, "Aacharya",
T.C.39/2297(3), Vettamukku, Thirumala, Thiruvananthapuram, presently
residing at T.C.15/1578, Karunyam,
M P Appan Nagar, Vazhuthacaud.P.O., Thiruvananthapuram.
0 Gokul S., aged 28,
S/o Santhoshkumar,
Vyshali, TC 17/1254, Chalakuzhi Road,
MCRA -112/1 Medical College P.O.,
Thiruvananthapuram, Pin : 695011.
All notices and processes to the Petitioners may be served on their above
mentioned address.
Name and Address of the Res Ondent:
NIL
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The above named Petitioners most humbly and respectfully submit as
follows:-
1. The Petitioners are legally wedded husband and wife. Both of
them belongs to Hindu religion and are governed by the provisions of Hindu
Marriage Act.
2. The marriage between the parties was solemnized on 15.i.2017
at Trivandrum Club, Thiruvananthapuram as per the provisions of Hindu
religious rites and rituals in the presence of their parents, relatives and friends.
0 One male child named Aadi Dev was born in their wedlock on 24.1.2019. Now
the child is under the care and custody of the lst petitioner/mother.
3. That after the marriage the parties lived together as husband and
wife till 12.5.2019.
4. Thereafter they are residing separately due to incompatibility of
temperament, difference of opinion, taste, habits, conducts, and thus the
petitioners felt that they cannot not lead a happy marital life anymore and there
is no chance for a reunion. Thus the marriage was breakdown irrecoverably.
5. That the lst petitioner herein had filed o.P.(HMA) No 2593/2019
r)
seeking a relief of recovery of gold ornaments and money, O.P. No.1631/2020
seeking a relief of dissolution of marriage, M.C. No. 271 of 2020 under Section
125 of Criminal Procedure Code seeking a relief maintenance before the Family
Court, Thiruvananthapuram. Apart from these, she also filed M.C.No.65 of
2019 under Section 12 of Protection of Women from Domestic Violence Act
before the Additional Chief Judicial Magistrate Court, Thiruvananthapuram. To
expedite the trial of O.P.No.1631/2020 and O.P.No.2593/2019, she approached
before this Hon'ble Court by filing O.P.(F.C.) No.77 of 2022. In this case, this
Hon'ble Court sent the parties for mediation and interacted with the parties and
Ai±b=!£±±j3 c[chfoL!L±rfu
thus the parties come to an amicable settlement and decided to dissolve the
marriage by filing a mutual consent petition. Accordingly this mutual consent
petition is filed.
6. That now the entire matter between the parties are settled out of
Court and both the parties have agreed to relinquish aH their claims against
each other and agreed not to make any further claims against each other in
future. The lst petitioner hereby agreed to withdraw O.P. No.2593/2019,
O.P.No.1631/2020 and M.C. No. 271/2020 pending before the Family Court,
r) Thiruvananthapuram and M.C.No.65/2019.Pending before the Additional Chief
Judicial Magistrate Court, Thiruvananthapuram in the light of the compromise
arrived between the parties.
7. The permanent custody and guardianship of the minor child `Aadi
Dev' will be with the mother/1St petitioner and the 2nd petitioner/father shaH not
raise any obstruction for the same in future.
8. It is respectfully submitted that there is no collusion between the
petitioners in filing this petition for dissolution of the marriage. It is also
0 submitted that the consent for divorce has not been obtained from the
petitioners either of them by fraud, force or by undue influence by or upon either
of the parties. This petition filed by the petitioners jointly solely on account of
their bonafide realization of the fact that it is better to part with each other than
to continue the relationship as husband and wife. They have not filed any other
petition for the same relief.
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9. Thus this Hon'ble court may be pleased to dissolve the marriage
solemnized between us after waiving the statutory period of 6 months, for the
interest of justice and for the end of justice.
Dated this the 17th day of March, 2022
Abh,t 1.` y`V , I.'
r the lst Petitioner 1 st petition6r
Abhirami.J.S.
etjtjoner 2ndpet,ttroFpr
Gokul.S.
VERIFl CATION
We, (1) Abhirami.J.S., aged 23, D/o Sreelatha, "Aacharya",
T.C.39/2297(3), Vettamukku, Thirumala, Thiruvananthapuram, presently
residing at T.C.15/1578, Karunyam, MP Appan Nagar, Vazhuthacaud.P.O.,
Thiruvananthapuram and (2) Gokul S., aged 28, S/o Santhoshkumar, Vyshali,
a TC 17/1254, Chalakuzhi Road, MCRA - 112/1 Medical College P.O.,
Thiruvananthapuram, Pin : 695011, the above mentioned Petitioners, do hereby
declare that all the facts stated above are true and correct to the best of our
knowledge, information and belief.
ckbh+omrd
1 S` petiti6ner 2nd
.-.:-`
Abhiramj.J.S.
Gokul.S.
