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 27TH OCTOBER 2009 / 5TH KARTHIKA 1931 Mat.Appeal.No. 207 of 2004() ---------------------------- OP.100/1995 of FAMILY COURT,TRIVANDRUM .................... APPELLANT/ PETITIONER ------------------------ S.KRISHNAN NAIR, PERUMBALAMON VEEDU, NALANCHIRA, TRIVANDRUM. BY ADV. SRI.G.S.REGHUNATH RESPONDENT/RESPONDENT: ------------------------------ S.JAYAKUMARI, EDAVAMKUNNU VEEDU, PATTUVILAKOM, THUNDATHIL P.O., KARYAVATTOM, TRIVANDRUM. ADV. SRI.N.NANDAKUMARA MENON, SENIOR ADVOCATE SRI.K.VINODKUMAR SRI.P.K.MANOJKUMAR SRI.S.K.BALACHANDRAN[MEDIATOR] THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 27/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. -------------------------------------------------- Mat.Appeal No.207 OF 2004 ----------------------------------------------------- DATED THIS THE 27th DAY OF OCTOBER, 2009 J U D G M E N T Basant, J. This appeal is directed against an order passed in O.P.No.100/95 by the appellant/husband claiming divorce. The prayer of the appellant/husband for divorce on the ground of cruelty and desertion was dismissed. During the pendency of this appeal, the parties were referred to the Mediator. Mediation did not succeed. But, subsequently, the parties have come to a harmonious settlement of the dispute regarding divorce. They have filed a joint application as I.A.No.2985/09. The averments in the joint application show that the parties have been living separately for a period far exceeding one year. They have now realised that the joint residence is not possible. They have further agreed mutually that the marital tie can be dissolved by consent. They have filed affidavits confirming this agreement in the joint application. I.A.No.3114 /09 and 3136/09 have been filed by the spouses separately to waive the statutory period of six months under section 13B(2) of the Hindu Marriage Act. Mat.Appeal No.207 /04 -2- Proceedings are pending between the parties from 1995 before the Family Court. Both counsel submit that joint application for divorce may be allowed dispensing with the waiting period of six months under section 13(B(2). The impugned order may not be disturbed; but I.A.No.2985/09 may be allowed, granting the joint request for divorce by mutual consent, under section 13B. 2. We are satisfied that the request can be allowed. 3. In the result: a) this appeal is allowed in part. (b) the impugned order is upheld. (c) I.A.No.2985/09 is allowed. (d) marriage between the spouses which was solemnised on 21.1.1986 at Leela Kalyana Mandapam, Sreekaryam, Thiruvananthapuram is hereby dissolved under Section 13B of the Hindu Marriage Act. (e) I.A.Nos.3114/09 and 3136/09 are allowed and the statutory waiting period of six months under Section 13B(2) of the Hindu Marriage Act is Mat.Appeal No.207 /04 -3- waived invoking the extraordinary jurisdiction under Article 226 of the Constitution of India and the inherent jurisdiction available in this Court. R.BASANT, JUDGE. M.C.HARI RANI, JUDGE. dsn