Karthick vs Arya T
2024 Latest Caselaw 6051 Ker

Kerala High Court

Karthick vs Arya T on 23 February, 2024

Author: Anu Sivaraman

Bench: Anu Sivaraman

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
                                    &
               THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR
       FRIDAY, THE 23RD DAY OF FEBRUARY 2024 / 4TH PHALGUNA, 1945
                       MAT.APPEAL NO. 544 OF 2022
     AGAINST THE JUDGMENT IN OP 1678/2019 OF FAMILY COURT,ERNAKULAM


APPELLANT/RESPONDENT IN O.P.:

           KARTHICK
           AGED 34 YEARS
           S/O. KUTTIYAPPAN, GI SWATHY FLATS, SIVAGAMI NAGAR,
           1ST MAIN ROAD, MEDAVAKKAM, CHENNAI, TAMILNADU STATE,
           PIN - 600100
           BY ADVS.
           G.SREEKUMAR (CHELUR)
           RIYAS C.S.
           JUNAID.V.S


RESPONDENT/PETITIONER IN O.P.:

           ARYA T
           AGED 27 YEARS
           D/O. HARIDAS, THEKKEDATH MANA, NEELAKANDAN NAGAR, NETTISSERY
           ROAD, KUTTUMUKU, RAMAVARMAPURAM P.O., THRISSUR DISTRICT, PIN
           - 680 631 WORKING AT WIPRO TECHNOLOGIES, INFO PARK ROAD,
           KAKKANAD, PRESENTLY RESIDING AT SULU LADIES HOSTEL, BUILDING
           NO. X55-1, VAKODIYAL ROAD, THRIKKAKARA SOUTH, KAKKANAD P.O.,
           ERNAKULAM DISTRICT, PIN - 682020

           BY ADV. K.V.BHADRA KUMARI



     THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION ON 23.02.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 MAT. APPEAL No.544 of 2022
                                        2




                                 JUDGMENT

Dated this the 23rd day of February, 2024

ANU SIVARAMAN, J.

It is submitted by the parties appearing on

either side that, a petition for divorce by mutual

consent has been filed before the Family Court,

Ernakulam, and that, the same stands posted for

orders to 26.02.2024. It is submitted that the decree

passed in O.P.No.1678/2019, which is under

challenge in this Mat Appeal, stands in the way of

dissolution of marriage by mutual consent.

2. Having considered the contentions advanced

and in view of the fact that the petition for divorce

by mutual consent stands posted to 26.02.2024, we

are of the opinion that, the judgment and decree

under challenge is liable to be set aside.

The Appeal is therefore allowed. The judgment

and decree appealed against, shall stand set aside.

Sd/-

ANU SIVARAMAN JUDGE

Sd/-

C. PRATHEEP KUMAR JUDGE

NB/23-2