IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 12TH DECEMBER 2008 / 21ST AGRAHAYANA 1930 Mat.Appeal.No. 860 of 2008() ---------------------------- OP.248/2007 of FAMILY COURT, PALAKKAD .................... PETITIONER/APPELLANT ------------------------ K.S.GAYATHRI, AGED 30 YEARS, D/O.K.SESHADRI, RESIDING AT VRINDAVAN, KAILAS NAGAR, KALPATHI (PO), PUTHUR AMSOM, DESOM, PALAKKAD DISTRICT, TALUK, DIST. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT(S): RESPONDENT ------------------------- C.PRADEEP, AGED 33 YEARS, S/O.LATE CHANDRASEKHARAN NAIR, RESIDING AT AMBADI HOUSE, KANNADI (PO), YAKKARA AMSOM, PALAKKAD TALUK & DIST. BY ADV. SRI.BABU PAUL THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION ON 12/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN & T.R.RAMACHANDRAN NAIR, JJ. ------------------------------- MAT. APPEAL NO.860 OF 2008 & I.A.NO.3436 OF 2008 ------------------------------- Dated this the 12th day of December, 2008 JUDGMENT Raman,J. This is an appeal against the order of the Family Court, Palakkad dismissing O.P.No.248/07 for default, which is a joint petition filed by the husband and wife under Section 13B of the Hindu Marriage Act agreeing for dissolution of the marriage. It is submitted that on the day on which the case was posted both the parties were present before the court below and the same was adjourned to be posted after six months as required by law and thereafter, when the case was taken again, they were present before the court below and no orders were passed on that day and later, the case was adjourned on which day it happened to be dismissed for default. Since it is only a routine posting and since they had already appeared before the court below earlier twice and they have -2- MAT.APPEAL.No.860/2008 & I.A.NO.3436/2008 not re-united in the meantime, they were under the impression that the order will be eventually passed accepting the joint petition. Hence, they pray that the order may be set aside. 2. Parties appeared before us. The case was called in chambers. We have interacted with the parties incamera and both of them submitted that the marriage tie was irretrievably broken, that they cannot continue with the matrimonial relationship and that Section 13 B petition may be accepted and a decree may be passed. We are satisfied that the joint petition filed is not persuaded by any undue influence or coercion. The parties are well-educated and are able to take their own decision without being persuaded or subject to any influence or coercion. They have been living together as husband and wife, immediately after the marriage and thereafter for the past 3 years they leave apart and the matrimonial tie is irretrievably broken. In the circumstances, they filed a joint petition as I.A.No.3436/2008 agreeing for dissolution -3- MAT.APPEAL.No.860/2008 & I.A.NO.3436/2008 of the marriage under Section 13B of the Act. In the facts and circumstances of the case, the appeal is disposed of granting a decree for divorce accepting the joint petition. P.R.RAMAN, Judge. T.R.RAMACHANDRAN NAIR, Judge. kcv.