IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 23RD SEPTEMBER 2008 / 1ST ASWINA 1930 Mat.Appeal.No. 637 of 2008() ---------------------------- OP.HM.55/2006 of FAMILY COURT, MALAPPURAM .................... PETITIONER(S): PETITIONER ------------------------- K.P. MOHANDAS, S/O. AYYAPPAN, KIZHAKKEPURAYIL, TACHINGADOM.P.O, MALAPPURAM. BY ADV. SRI.DILIP MOHAN RESPONDENTS(S): RESPONDENT -------------------------- P. NISHA, D/O. SREEDHARAN, PONMALA VEEDU, PALAMPARAMBU, VADAPPURAM, MALAPPURAM. ADV. SRI.SAJU.S.A THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 23/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.R.Raman & T.R. Ramachandran Nair, JJ. - - - - - - - - - - - - - - - - - - - - - - - - Mat. Appeal No.637/2008 & I.A.No.2527/2008 - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of September, 2008. JUDGMENT Raman, J. I.A.No.2527/2008 is a joint application filed by the husband and wife and attested by the learned counsel appearing on either side mutually agreeing for dissolution of the marriage between them. 2. The matrimonial appeal itself arises out of the order passed in O.P. (H.M.) No.55/2006 by the Family Court, Malappuram. There is an order passed in an application filed by the husband seeking divorce under Sections 13(1)(i-a) and 13(1)(i-b) of the Hindu Marriage Act alleging cruelty on the part of the wife. That was dismissed by the court below. During the pendency of the appeal, the parties agreed for a divorce and accordingly they have filed the present application. 3. The parties appeared before us and we have interacted with them and it is submitted that the said joint application has been filed at their free will and consent and not influenced by any extraneous circumstances. It is also stated that the marriage was irretrievably broken down and they are living separately for the last 10 years. In the circumstances, though MA 637/2008 -2- normally for a marriage to be dissolved under Section 13-B of the Hindu Marriage Act the motion of both parties should have been made to the court not earlier than six months after the date of presentation of the petition and not later than 18 months after the said date, having regard to the fact that the parties have been deliberating over the matter all along and in spite of the pendency of the proceedings for nearly two years and more there was no scope for rapproachment between them which resulted in the compromise being brought about as aforesaid, we accept the joint petition and accordingly a decree for divorce is granted by mutual consent. The appeal is disposed of in the above terms. ( P.R.Raman, Judge.) (T.R. Ramachandran Nair, Judge.) kav/