IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 31ST JULY 2008 / 9TH SRAVANA 1930 Mat.Appeal.No. 477 of 2008() ---------------------------- OP.381/2004 of FAMILY COURT, THIRUVANANTHAPURAM. .................... PETITIONER: ------------ S.GIREESH KUMAR, 40 YEARS S/O.SUKUMARANKUTTY NAIR VALSALA BHAVAN, ATRA A-B, ATTARA JN., MALAYINKEEZHU, THIRUVANANTHAPURAM. BY ADV. SRI.D.KISHORE RESPONDENTS: ------------- N.K.SANDHYA RANI 33 YEARS D/O.NALINAKUMARI KALLAMPALLY, SREEKARIYAM, THIRUVANANTHAPURAM. BY ADV. SRI.SUDEESH KUMAR FOR R1 SRI.SUNIL KUMAR A.G FOR R1 THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 31/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------- Mat.Appeal No.477 of 2008 ---------------------------------------------- Dated 31st July, 2008. J U D G M E N T Kurian Joseph, J. This is an appeal filed by the petitioner in O.P.381/04 on the file of the Family Court, Thiruvananthpuram. The said petition was filed for a decree of divorce under Section 13(1)(i-a) of the Hindu Marriage Act, 1955 on the ground of cruelty. There was also an allegation regarding desertion. There were other cases also, between the parties. The Family Court declined to dissolve the marriage and hence the appeal. 2. During the pendency of the appeal, the parties have filed I.A.2002/08 for a decree of divorce on mutual consent. The parties were married on 18.1.1993. It is seen that they have been living separately ever since 25.7.2002 due to incompatible relationship. In the nature of the disputes between the parties, and in the back ground of the litigations between them, we are convinced that a further lie over period is not necessary, and it is in the interests of the parties that orders are passed in the joint petition without further delay. We are also convinced that there is no collusion between the parties. Therefore, we allow Mat.Appeal No.477/08 2 I.A.2002/08. The marriage between the appellant and the respondent is dissolved by a decree of divorce on mutual consent. The appeal is disposed of as above. I.A.2002/08 will form part of the decree. KURIAN JOSEPH, JUDGE. HARUN-UL-RASHID, JUDGE. tgs KURIAN JOSEPH & HARUN-UL-RASHID, JJ ---------------------------------------------- Mat.Appeal No.477 of 2008 ---------------------------------------------- J U D G M E N T Dated 31st July, 2008.