Kerala High Court
C.P. Abhilash vs Parvathy Renjith on 3 January, 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
WEDNESDAY, THE 3RD DAY OF JANUARY 2024 / 13TH POUSHA, 1945
MAT.APPEAL NO.67 OF 2014
JUDGMENT IN OP 1822/2011 OF FAMILY COURT, THIRUVANANTHAPURAM
DATED 21.10.2013
------------------
APPELLANT/PETITIONER :-
C.P.ABHILASH, AGED 32 YEARS
S/O.K.G.PREMSHANKER, RESIDING AT SAMTHRIPTHY,
EAST FORT, THIRUVANANTHAPURAM - 695 023.
BY ADVS.
SRI.K.C.ELDHO
SRI.MALLENATHAN.M.
SMT.KRISHNA SANTHOSH
SMT.HARITHA JAYAN
RESPONDENTS/RESPONDENTS :-
1 PARVATHY RENJITH, AGED 31 YEARS
D/O.RENJITH, RESIDING AT PARVATHY BHAVAN, PTRA-49,
PATTOM.P.O., THIRUVANANTHAPURAM, PIN - 695 004.
ADDL.2 THE CHILD WELFATE COMMITTE,
REPRESENTED BY CHAIRMAN, THIRUVANANTHAPURAM
IS SUO MOTU IMPLEADED AS ADDITIONAL SECOND
RESPONDENT AS PER ORDER DATED 25.08.2023 IN
MAT.APPEAL 67/2014.
BY ADVS.
SRI.PIRAPPANCODE V.S.SUDHIR
SRI.S.GOPAKUMARAN NAIR (SR.)
SRI.B.UNNIKRISHNA KAIMAL, SR.GP
THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION ON
03.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MAT.APPEAL NO.67 OF 2014
-: 2 :-
JUDGMENT
Dated this the 3rd day of January, 2024
Anu Sivaraman, J.
This Mat Appeal is preferred against the judgment dated
21.10.2013 of the Family Court, Thiruvananthapuram in O.P.
No.1822/2011. The O.P. was filed by the husband seeking divorce
on the ground of cruelty, which was dismissed by the judgment
under appeal. There are two children born in the wedlock, who
were presently aged 17½ and 16½ respectively.
2. We have heard the learned counsel appearing on either
side. We have also interacted extensively with the appellant as well
as the 1st respondent and the two children, Pavan Abhilash and
Jeevan Abhilash. We have also perused the materials on record
including the report and additional report of the Child Welfare
Committee.
3. We notice that the parties are not able to reconcile their
differences and do not wish to live together as husband and wife.
We also notice that the parties have filed a joint application (I.A.
No.3/2023) for divorce by mutual consent under Section 13-B of the
Hindu Marriage Act, 1955 read with Section 7 of the Family Court
Act, 1984. The application was filed on 9.11.2023. It is specifically
stated in the petition that the parties are living separately since
MAT.APPEAL NO.67 OF 2014
16.3.2010. The parties have also informed us in person that there
has been no cohabitation between them for several years and that
there is point in attempting any reconciliation as the marriage has
broken down irretrievably. I.A. No.4/2023 has also been filed
seeking to waive the waiting period of six months for passing a
decree of divorce by mutual consent.
4. Having interacted with the parties at length, we also find
that there is no point in attempting any reconciliation between the
parties since the differences between them are too great for any
such attempt. The children are presently in the custody of their
mother and have expressed their wish to continue in her custody.
In the above view of the matter, we are of the opinion
that no further orders are required in this Mat Appeal apart from
considering the application for grant of divorce by mutual consent
under Section 13-B of the Hindu Marriage Act. This appeal, being a
continuation of the proceedings under the Family Courts Act, we
are of the opinion that the parties do not have to be now relegated
to the Family Court for consideration of the application. Having
considered the contentions of the parties and in view of the
submissions made by the parties to the marriage directly before us,
we are convinced that this is a fit case where a decree of divorce by
mutual consent can be granted. We, therefore, deem it appropriate
MAT.APPEAL NO.67 OF 2014
to waive the waiting period of six months between the filing of the
application for grant of divorce by mutual consent. The marriage
between the appellant and the 1st respondent is dissolved by mutual
consent. The Mat Appeal is, accordingly, closed. All other matters
are left open to be decided in appropriate proceedings.
Sd/-
ANU SIVARAMAN
JUDGE
Sd/-
C. PRATHEEP KUMAR
JUDGE
Jvt/3.1.2024
MAT.APPEAL NO.67 OF 2014
APPENDIX OF MAT.APPEAL 67/2014
PETITIONER ANNEXURES :-
Annexure A1 TRUE COPY OF THE TAX RECEIPT OF THE COMMERCIAL
PROPERTY SITUATED IN JAGATHI JUNCTION,
THIRUVANANTHAPURAM 'THANDAPER No.12505'.
Annexure A2 INCOME TAX RETURNS OF THE PETITIONER FOR THE
PERIOD 2018-2019.
Annexure A3 INCOME TAX RETURNS OF THE PETITIONER FOR THE
PERIOD 2019-2020
Annexure A4 THE DETAILS OF VARIOUS PAYMENTS MADE FOR THE
CHILDREN IN 2022.
Annexure A5 TRUE COPY OF THE ADMISSION CARD FOR THE CBSE
EXAMINATION OF MY ELDEST SON PAVAN ABHILASH.
Annexure A6 TRUE COPY OF THE SCORE CARD OF PAVAN ABHILASH
ISSUED BY THE CBSE.
Annexure A7 A TRUE COPY OF THE WRITTEN LETTER DATED
25.07.2023 ISSUED BY THE FATHER IN LAW OF THE
PETITIONER
Annexure A8 THE COPY OF THE WP (C) NO 19989 OF 2023 DATED
19.6.2023 OF THIS COURT
RESPONDENT'S ANNEXURES :-
Annexure R1(a) TRUE COPY OF THE CERTIFICATE DATED 13.3.2014
ISSUED BY DR.(MRS)R.ANANDAM, CONSULTANT
NEUROLOGIST, PRS HOSPITAL, THIRUVANANTHAPURAM.
Annexure R1(b) TRUE COPY OF THE PSYCHOLOGICAL EVALUATION
REPORT DATED 14.3.2014 ISSUED BY SRI.A.SREELAL
CLINICAL PSYCHOLOGIST MENTAL HEALTH CENTRE,
THIRUVANANTHAPURAM.
Annexure R1(f) TRUE COPY OF THE PETITION FILED BY THE
APPLICANT/RESPONDENT BEFORE THE FAMILY COURT,
THIRUVANANTHAPURAM.
MAT.APPEAL NO.67 OF 2014
Annexure R1(g) TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE
RESPONDENT/APPELLANT IN O.P.No.1510/2011.
Annexure R1(h) TRUE COPY OF THE APPLICATION FILED BY THE
APPLICANT/RESPONDENT SEEKING ENHANCEMENT FROM
Rs.20,000/- TO Rs.60,000/- TOWARDS HER
MAINTENANCE AND FROM Rs.15,000/- TO Rs.50,000/-
EACH TOWARDS THE MAINTENANCE OF HER TWO
CHILDREN.
Annexure R1(i) TRUE COPY OF THE COUNTER AFFIDAVIT, FILED BY
THE RESPONDENT/APPELLANT TO ANNEXURE R1(h)
Annexure R1(j) TRUE COPY OF THE ORDER DATED 19.3.2014 OF THIS
HON'BLE COURT IN THE ABOVE MAT APPEAL.
Annexure R1(k) TRUE COPY OF THE INTERIM APPLICATION FILED BY
THE APPLICANT/RESPONDENT SEEKING MAINTENANCE
BEFORE THE FAMILY COURT, NEDUMANGAD.
Annexure R1(l) TRUE COPY OF THE PHOTOGRAPH TAKEN BY THE
PETITIONER AND THE RESPONDENT ALONG WITH THEIR
CHILDREN, WHILE IN A TOUR IN HOTEL MARRIOT, AT
ERNAKULAM ON 29.10.2019.
Annexure R1(m) TRUE COPY OF THE PHOTOGRAPH TAKEN BY THE
PETITIONER AND THE RESPONDENT ALONG WITH THEIR
CHILDREN, WHILE IN A TOUR AT KODAIKANAL ON
31.01.2020.
Annexure R1(n) TRUE COPY OF THE PHOTOGRAPH TAKEN BY THE
PETITIONER AND THE RESPONDENT ALONG WITH THEIR
CHILDREN, WHILE IN A TOUR AT COACKER'S WALK
(KODAIKANAL) ON 02.02.2020.
Annexure R1(o) TRUE COPY OF THE PHOTOGRAPH OF THE RESPONDENT
SHOWING THE INJURY SUSTAINED BY HER THROUGH THE
APPELLANT.
Annexure R1(p) TRUE COPY OF THE PHOTOGRAPH OF THE FINGER OF
THE RESPONDENT SHOWING THE INJURY SUSTAINED BY
HER THROUGH THE APPELLANT.
