IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 3RD AUGUST 2011 / 12TH SRAVANA 1933 Mat.Appeal.No. 896 of 2010() ---------------------------- OP.893/2008 of FAMILY COURT, NEDUMANGAD .................... PETITIONER: APPELLANT/RESPONDENT ----------------------------------- SURESH, S/O. RAVEENDRAN, ENGINEER, B.S.N.L., MULAMOOTIL HOUSE, MANCHALLOOR, PATHANAPURAM, KOLLAM DISTRICT. BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SRI.V.SUNIL KUMAR (PANACHAMOODU) SRI.H.JAWHAR RESPONDENT: PETITIONER ------------------------- VEENA, D/O. CHANDRASEKHARAN, COLLEGE LECTURER, RESIDENT OF "PONMANI VEENA", HOUSE NO.5, M.G.NAGAR, PEROORKADA, THIRUVANANTHAPURAM-695 005. ADV. SRI.SUMAN CHAKRAVARTHY THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION ON 03/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH & M.L.JOSEPH FRANCIS JJ., - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mat.Appeal No.896 of 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of July, 2011 JUDGMENT K.M. Joseph J., I.A. No. 2175 of 2011 (Verified correction petition) in I.A. No.318 of 2011 in Mat. Appeal No,896 of 2010 is allowed. Mat.Appeal No.896 of 2010 is an appeal filed against the judgment of the Family Court granting divorce on the ground of cruelty. Pending the matter, a joint petition has been filed under Sec13(B) of the Hindu Marriage Act. Period of six months is already over. Parties have filed seperate affidavits. 2. We heard learned counsel for the parties. 3. Having regard to the circumstances of the case, we allow the joint petition and the marriage between the parties is dissolved with effect from today. In terms of the joint petition, the judgment in O.P. No.893 of 2008 before the Family Court, Nedumangad is Mat. Appeal No.896 of 2010 :2: set aside. We also make it clear that as agreed between the parties, the parties have no objection in terminating I.A. Nos. 1708 and 1709 of 2010 in O.P. No. 894 of 2008 pending before the Family Court, Nedumangad. Sd/- K.M.JOSEPH, (JUDGE) Sd/- M. L. JOSEPH FRANCIS, (JUDGE) dl/ // True copy // PA to Judge Mat. Appeal No.896 of 2010 :3: K.M. JOSEPH & M.L.JOSEPH FRANCIS JJ., - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mat. Appeal No.896 of 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of February 2011 ORDER Joseph J., I.A. No. 318 of 2011 is a petition filed under Sec.13(B) of the Hindu Marriage Act. 2. I.A. No. 319 of 2011 is a joint petition for waiving the period prescribed under Sec.13(B)(2) of the Hindu Marriage Act. I.A. No. 320 of 2011 is a joint petition for directing the Family Court, Nedumangadu to terminate the proceedings pending before it as I.A. No.1708 of 2010 and I.A. No. 1709 of 2010 in O.P. No. 894 of 2008 between the parties. 3. We heard the learned counsel for the appellant and the learned counsel for the respondent. 4. The parties state that this is a case where there is a decree Mat. Appeal No.896 of 2010 :4: for divorce granted on the ground of cruelty. It is also stated that the purpose of waiving of six months period is to enable the parties to have a second thought and explore if the marriage could be saved. It is their case that a period of six months is over after passing the order by the Family Court Thiruvananthapuram. But in the present case, the parties are before the appellate court after a full fledged trail, which lasted for over two years and they had sufficient time to think over. 5. There is no dispute that the Apex Court has in the decision reported in Anil Kumar Jain vs. Maya Jain (2009(10) SCC 145), taken the view that waiting period stipulated under Sec.13(B)(2) cannot be waived. A similar view has been taken by the Division Bench of this Court also. We do not think that it will be open for us to tinker the legislative mandate contained under Sec.13(B) and waive the period. 6. Accordingly I.A. No. 319 of 2011 is dismissed. Post I.A. Nos. 318 and 320 of 2011 along with the Mat. Appeal on 8.8.2011. K.M. JOSEPH, (JUDGE) Mat. Appeal No.896 of 2010 :5: M. L. JOSEPH FRANCIS, dl (JUDGE)