IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 11TH APRIL 2008 / 22ND CHAITHRA 1930 WP(C).No. 192 of 2008(S) -------------------------------- OP.791/2006 of FAMILY COURT,KOZHIKODE .................... PETITIONER/ PLAINTIFF: ------------------------------ DR. K.K. ANOOB, S/O. APPUKUTTI, 'ANJALI', KUNNAMANGALAM, KOZHIKODE. BY ADV. SRI. K.A. SALIL NARAYANAN RESPONDENTS: ------------------- 1. SRI.T.K.SUKUMARAN, 'SREEJA BHAVAN', PULLURUTHI, KOCHI-682 006. 2. SMT. S.SREEJA, D/O.SRI.T.K.SUKUMARAN, SREEJA BHAVAN, PALLURUTHI, KOCHI-682 006. BY ADV. SRI. V. PREMCHAND THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 192/2008 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF THE PETITION FILED BEFORE THE FAMILY COURT, KOZHIKODE FOR DIVORCE AS O.S. 791/06. EXT. P2 : COUNTER AFFIDAVIT FILED BY THE 2ND RESPONDENT IN THE ABOVE O.P. EXT. P3 : APPLICATION FILED BY THE PETITIONER AS I.A. 1661/2007 SUPPORTED BY AN AFFIDAVIT. EXT. P4 : COUNTER IN I.A.1661/2007 FILED BY R2. EXT. P5 : ORDER IN I.A. 1661/2007 OF THE FAMILY COURT, KOZHIKODE. 2ND RESPONDENT'S EXHIBITS: EXT. R2(a) : COPY OF the CERTIFICATE DATED 28.11.2007. EXT. R2(b) : COPY OF the CERTIFICATE DATED 25.01.2008. EXT. R2(c) : COPY OF THE CERTIFICATE ISSUED BY THE MEDICAL BOARD. // True Copy // P.A. to Judge. smp KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------- W.P.(C).No. 192 OF 2008 ---------------------------------------------- Dated this the 11th day of April, 2008. J U D G M E N T Kurian Joseph, J. This writ petition is at the instance of the petitioner in Exhibit P5 order passed by the Family Court, Kozhikode in I.A.No.1661/2007 in O.P.No.791/2006. The said original petition was filed praying for a decree of divorce under Section 12(b) of Hindu Marriage Act, 1955. The petitioner sought for a direction to subject the second respondent for medical examination by a Medical Board. The same was rejected and hence this writ petition. 2. When the writ petition was pending before this Court, we directed the parties to appear before us. We also directed them to have the assistance of Dr.A.Prakash Chandran of Dhanya Nursing Home, Palarivattom. The doctor has reported to us that the parties do not have any psychological or physical problem. However, the petitioner does not want to live with the second respondent, it was reported. 3. In view of the adamant stand of the petitioner, it appears the second respondent has agreed for a decree of divorce by W.P.(C).No. 192/08 2 mutual consent. They have filed I.A.No.5367/2008 under Section 13B of the Hindu Marriage Act. The parties have been appearing before us on several occasions. The marriage between the parties took place on 31.10.2005. They have been living separately for more than one year. We are convinced that there is no collusion between the parties and that a decree of divorce is to be granted in the interest of both the parties. Accordingly, we allow I.A.No.5367/2008. The marriage between K.K.Anoob and S.Sreeja is dissolved by a decree of divorce by mutual consent. It is submitted that the parties have settled their claims mutually and hence they do not want to pursue O.P.No.248/2007 on the file of the Family Court, Ernakulam and O.P.No.791/2006 on the file of the Family Court, Kozhikode. Accordingly, O.P.No.248/2007 on the file of the Family Court, Ernakulam is struck off. O.P.No.791/2006 on the file of the Family Court, Kozhikode is also struck off. A copy of the judgment will be forwarded to the Family Courts Ernakulam and Kozhikode. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. HARUN-UL-RASHID, JUDGE. smp