IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 27TH AUGUST 2008 / 5TH BHADRA 1930 MFA.No. 450 of 2003(D) ---------------------- OP.71/2001 of FAMILY COURT,KOZHIKODE .................... APPELLANT: PETITIONER --------------------- SHIBUKUMAR.M.K., S/O.UTHAMAN, AGED 32 YEARS, "UDHAYAM", KOLAPPARATHIPADAM, NALLALAM P.O., KOZHIKODE - 27. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENT: RESPONDENT ------------------------ SHYJA, AGED 28 YEARS, (MENTALLY ILL), REP. BY GUARDIAN/NEXT FRIEND/FATHER-VASU, PANTHALARAMBATH, "KAMAL", MANAYATH THAZHAM, MORIKKARA, KAKKODI, KOZHIKODE. BY ADV. SRI.P.K.RAMKUMAR THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 27/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------------------------- M.F.A.NO. 450 OF 2003 ---------------------------------------------------------------- Dated this the 27th day of August, 2008 JUDGMENT Harun-Ul-Rashid, J. The petitioner in O.P. No.71 of 2001 on the file of the Family Court, Kozhikode is the appellant. The said Original Petition was filed by the appellant/husband for dissolution of marriage. The Family Court by order dated 5.9.2002 dismissed the Original Petition holding that the appellant/petitioner is not entitled to get a decree of divorce. Hence, this appeal. 2. When the matter was taken up for final hearing, the parties appeared before us. We are happy to note that the parties have agreed to settle all the disputes between them. Accordingly, they have filed I.A. No.2283 of 2008, a joint application under Section 13 B of the Hindu Marriage Act, 1955 for a decree of divorce on mutual consent. We find that the parties are separated since 1999 and the marital life between them has irretrievably broken. The parties are unable to cohabit and continue the marital relationship. We are satisfied that the joint petition is filed on their M.F.A.NO.450/2003 2 own accord and there is no collusion between the parties in filing the same. We also feel that there is no necessity to wait for the statutory period and we are inclined to waive the lie over period. The impugned order is accordingly set aside and the marriage between the appellant and respondent is dissolved by a decree of divorce on mutual consent with effect from today. The appeal is disposed of as above. The terms stipulated and agreed to by the parties in I.A. No.2283 of 2008 shall form part of the decree. There will be no order as to costs. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) sp/ M.F.A.NO.450/2003 3 KURIAN JOSEPH & HAURN-UL-RASHID, JJ. M.F.A. NO.450/2003 JUDGMENT 27th August, 2008 M.F.A.NO.450/2003 4