IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 20TH JUNE 2011 / 30TH JYAISHTA 1933 Mat.Appeal.No. 93 of 2010() --------------------------- OP.1075/2008 of FAMILY COURT,KOZHIKODE .................... PETITIONER(S): PEPTITIONER IN OP -------------------------------- T.M.JEENA.D/O.KORAN,AGED 22 YEARS, 'JIKAS NIVAS', THAZHE MALAYIL,THIRUVALLUR AMSOM DESOM,VADAKARA TALUK. BY ADV. SRI.T.RAMPRASAD UNNI SMT.SMITHA GEORGE RESPONDENT(S): RESPONDENT IN OP ------------------------------- O.M.LALPRAKASH, S/O.KUNHURAMAN, ONTHAMPARA MEETHEL HOUSE,P.O.THIRUVALLUR, THIRUVALLUR AMSOM DESOM, VADAKARA TALUK. ADV. SRI.C.VATHSALAN SRI.K.RAKESH ROSHAN THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 20/06/2011, ALONG WITH MA NO.94 OF 2010 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ----------------------------------------------- Mat.Appeal Nos.93 and 94 of 2010 ----------------------------------------------- Dated 20th June, 2011. J U D G M E N T Joseph, J. Mat.Appeal No.93/2010 is filed against the order, by which the Family Court dismissed O.P.1075/08 filed by the appellant seeking declaration of nullity of marriage between appellant and respondent. Mat.Appeal No.94/2010 is filed against the order of the Family Court, Kozhikode in O.P.No.15/09 filed by the respondent/husband, by which the Family Court granted an order of restitution of conjugal rights against the appellant. 2. Pending the matter, the parties have filed a petition under Section 13B of the Hindu Marriage Act, on 2.12.2010. A period of six months is over. Thereafter, separate affidavits dated 14.6.2011 and 13.6.2011 are filed by the husband and wife respectively. It is also brought to our notice that the parties were actually present in court on 14.6.2011. It would appear that there is no chance for re-union. In such circumstances, we allow the petition and dissolve the marriage between the appellant and respondent with effect from today. Mat.Appeal Nos.93 and 94 of 2010 2 3. In view of the fact that we have allowed the petition filed under Section 13B of the Hindu Marriage Act, we set aside the order passed by the Family Court, Kozhikode in O.P.No.15/09. Sd/- K.M.JOSEPH, JUDGE. Sd/- M.L.JOSEPH FRANCIS, JUDGE. tgs (True copy) P.S. to Judge.