IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 19TH NOVEMBER 2008 / 28TH KARTHIKA 1930 Mat.Appeal.No. 355 of 2008() ---------------------------------------- OP.1677/2006 of FAMILY COURT,ERNAKULAM .................... APPELLANT/PETITIONER(S) ------------------------ SHILPA S.KUMAR, D/O.M.K.SASIKUMAR, AGED 23, MADATHIPARAMBIL HOUSE, PUTHIYAKAVU, TRIPUNITHURA-682 301, KANAYANNUR TALUK. BY ADV. SRI.K.C.CHARLES RESPONDENT(S): RESPONDENT ------------------------- SAJI LAL, SON OF MANI.T.A., AGED ABOUT 30, THATHODATH HOUSE, THEKKUMBHAGOM, MEKKARA, TRIPUNITHURA P.O. ADV. SMT.SANDHYA VENI THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 19/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.Raman & T.R. Ramachandran Nair, JJ. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Mat.Appeal No.355/2008-A ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 19th day of November, 2008. J U D G M E N T Raman, J. The parties are present. We heard the counsel appearing for both sides. 2. O.P.No.1677/2006 is a petition filed by the petitioner for divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955 (in short, 'the Act'), on the ground of cruelty in the year 2006. The respondent/husband resisted the petition. Eventually, after analysing the evidence, the court below dismissed the petition, against which the present appeal is filed. 3. It is admitted by the parties that at no point of time they had resided together after filing the said petition and that the matrimonial tie is irretrievably broken. During the pendency of the present appeal the parties have filed I.A.No.3097/2008, a joint petition, under Section 13B of the Hindu Marriage Act, mutually agreeing to dissolve the marriage. Though the six months period provided thereunder has not expired after filing the joint petition, taking note of the fact that the relationship as irretrievably broken and since O.P.No.1677/2006 was filed as early as in 2006 and more than two years have elapsed thereafter, and the parties have not resided together, we dispense with M.A.355/2008 -:2:- the six months period and grant a decree dissolving the marriage between the parties under Section 13B of the Act. The writ petition is thus disposed of. Accordingly, we set aside the decree passed by the court below and grant a decree for dissolution of marriage on mutual consent. (P.R. Raman, Judge.) (T.R. Ramachandran Nair, Judge.) ms M.A.355/2008 -:3:- ORDER ON I.A.NO.3096/2008 IN M.A No.355/2008 DISMISSED. SD/-P.R.RAMAN, JUDGE SD/-T.R.RAMACHANDRAN NAIR, JUDGE 19/11/2008 \\TRUE COPY// P.A TO JUDGE