Revathy M S vs Nil
2023 Latest Caselaw 6263 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT

        THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                              &
          THE HONOURABLE MRS. JUSTICE SOPHY THOMAS

  MONDAY, THE 12TH DAY OF JUNE 2023 / 22ND JYAISHTA, 1945
                   OP (FC) NO.338 OF 2023

   AGAINST THE ORDER/JUDGMENT IN OPHMA 973/2023 OF FAMILY
                        COURT, ADOOR
PETITIONERS/PETITIONERS:

1 REVATHY M S
  AGED 26 YEARS
  D/O SINDHU, SINDHU VIHAR (H) ERAVIPURAM,
  MUNDAKKAL VILLAGE, KOLLAM TALUK, KOLLAM
  DIST., PIN - 691011

2 HARIKRISHNAN G
  AGED 35 YEARS
  S/O GOPINATHAN PILLAI, KALLUVILA PUTHEN
  VEEDU, NELLIMUKAL, NELLIMUKAL P.O,
  KADAMPANAD VILLAGE, PATHANAMTHITTA.,
  PIN - 691551

  BY ADVS.
  J.RAMKUMAR
  S.VISHNU DAS
  AMRIN FATHIMA


RESPONDENTS/RESPONDENTS:

  NIL


     THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION
ON 12.06.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 OP(FC) No.338 of 2023                    2


                    A.MUHAMED MUSTAQUE &
                        SOPHY THOMAS, JJ.
              --------------------------------------------
                     O.P (FC) No.338 of 2023
              --------------------------------------------
                Dated this the 12th day of June, 2023

                           JUDGMENT

Sophy Thomas, J.

The petitioners in OP (H&M) No.973 of 2023 on the file of

Family Court, Adoor are the petitioners herein, aggrieved by the

delay in disposing that O.P, for want of Counsellor.

2. Above O.P was filed by the petitioners under Section 13B

of the Hindu Marriage Act, 1955 for dissolution of their marriage

by mutual consent. Their marriage was solmensied on

17.05.2018 and they lived together as husband and wife only for

few days. On 25.05.2018, the 2nd petitioner went abroad and

thereafter, they never cohabited together. They decided to

dissolve their marriage on mutual consent, for which they filed

the above O.P with a petition for waiving the statutory period.

3. The O.P is filed before Family Court, Adoor. Since there is

no Presiding Officer in that court, Family Court, Thiruvalla is in

charge of that court. When the above O.P came up for

consideration before Family Court, Thiruvalla, the case was

adjourned to 31.07.2023, waiting for appointment of Counsellor

in that court. The 2nd petitioner is working as HSE Engineer in

UAE, and he came to Kerala for 30 days leave and his leave

expired on 06.06.2023. Since the parties are separated for the

last more than five years and all attempts for reconciliation

failed, and as there is no meaning in waiting for any further

period, they approached this Court to get a speedy disposal of

the pending O.P and the petition to waive the statutory period.

4. Analysing the provisions of sub-section (2) to Section 13B

of the Hindu Marriage Act, the Apex Court, in Amardeep Singh

vs. Harveen Kaur [2017 (4) KLT 367 (SC)], went into the

question of whether the cooling off period of six months is

mandatory or discretionary. It was held that, the cooling off

period can be waived by the court in exceptional circumstances

and where proceedings have remained pending for long in the

courts.

5. Considering the peculiar facts and circumstances of this

case, we directed the parties to appear before this Court to try

the chances of reconciliation. Both of them appeared before us

today and they are categoric in their decision to separate their

marriage by divorce, and as the 2nd petitioner is working abroad,

he wants to leave the station as early as possible. Since the

parties lived together just below ten days after the marriage, and

they have decided to dissolve their marriage on mutual consent

after five years of separation, and filed O.P for the same with a

petition to waive the statutory period, we are inclined to allow

their prayer to waive the statutory period of six months. They

have no other claims against each other, and they are eagerly

waiting to dissolve their marriage. So, their marriage can be

dissolved by a decree of divorce on mutual consent.

In the result, the Family Court, Thiruvalla, who is holding the

charge of Family Court, Adoor, is directed to pass a decree of

divorce on mutual consent in OP (H&M) No.973 of 2023 on the

file of Family Court, Adoor, on waiving the statutory period. The

Family Court shall not insist appearance of parties, as they have

already appeared before us and expressed their willingness for

divorce on mutual consent. The decree shall be passed by the

Family Court, Thiruvalla within a period of two weeks from today.

With these directions, above OP(FC) stands allowed.

Sd/-

A.MUHAMED MUSTAQUE JUDGE

Sd/-

SOPHY THOMAS JUDGE

smp

APPENDIX OF OP (FC) 338/2023

PETITIONER EXHIBITS

Exhibit A TRUE COPY OF THE O.P.(H&M) NO. 973/2023 OF THE P1 HON'BLE FAMILY COURT, ADOOR

Exhibit A TRUE COPY OF THE I.A.NO.2 OF 2023 IN O.P.(H&M) P2 NO. 973/2023 OF THE HON'BLE FAMILY COURT, ADOOR

Exhibit A TRUE COPY OF THE I.A.NO.1 OF 2023 IN O.P.(H&M) P3 NO. 973/2023 OF THE HON'BLE FAMILY COURT, ADOOR

True Copy

P.S to Judge

smp