IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 11TH OCTOBER 2011 / 19TH ASWINA 1933 Mat.Appeal.No. 24 of 2010(C) --------------------------- OP.349/2008 of FAMILY COURT, PALAKKAD .................... PETITIONER : APPELLANT ------------------------ JIJO, S/O.M.J.SIMON, AGED 33 YEARS, ANGEL, CHIRAKKAD, KUNNATHURMEDU, PALAKKAD. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT : RESPONDENT ------------------------- RESMI, D/O.P.L.JACOB, AGED 23 YEARS, PORATHUR, CHRIST NIVAS, OTTURKKADU, INDUSTRIAL ESTATE (PO), PALAKKAD. ADV. SMT.MINI ELIZABETH GEORGE DR.SEBASTIAN CHAMPAPPILLY SMT.V.S.SIMI SRI.MATHEWS JACOB THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 11/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. *********************** M.A No.24 of 2010-C ***************************** Dated this the 11th day of October, 2011 JUDGMENT BASANT, J. This appeal is preferred by the appellant/husband aggrieved by the rejection of his claim for divorce under Section 10(1)(vii) of the Divorce Act. During the pendency of the appeal, the parties settled their disputes. They have filed I.A. No.1045 of 2011 jointly under Section 10A of the Divorce Act. That petition was filed on 23.02.2011. 2. The period of 6 months has elapsed. When this petition came up again on 10.10.2011, both parties were present. They were interviewed in the Chamber. They submitted that there has been no reconciliation subsequent to the filing of the petition and that they stand by their decision that their marriage shall be dissolved by mutual consent. A joint affidavit has been filed by the spouses confirming their intention to get the marriage dissolved by mutual consent. 3. We are satisfied that the spouses - the petitioners in I.A.No.1045 of 2011, have established all the grounds entitling them for a divorce by mutual consent under Section 10A of the M.A No.24 of 2010-C 2 Divorce Act. We are satisfied that the marriage between them solemnised on 27.01.2008 can be dissolved by a decree of divorce by mutual consent under Section 10A of the Divorce Act. 4. In the result: a) This appeal is allowed; b) The impugned order is upheld; c) I.A.No.1045 of 2011 is allowed. The marriage between the appellant and the respondent solemnised on 27.01.2008 is hereby dissolved under Section 10A of the Divorce Act. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/