IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 30TH OCTOBER 2009 / 8TH KARTHIKA 1931 MFA.No. 1495 of 2001(B) ----------------------- OP.114/2000 of FAMILY COURT,KOZHIKODE .................... APPELLANT(S): -------------- K. RAJAN, KANDYTHAZHAKUNIYL HOUSE, P.O. THUNERI, THUNERI AMSOM, VADAKARA TLUK. BY ADV. SRI.G.UNNIKRISHNON RESPONDENT(S): --------------- INDIRA P.K., PADINJAREKUNDILOTH HOUSE, KODANCHERI P.O., PURAMERI VIA, VADAKARA TALUK. ADV. SRI.P.V.KUNHIKRISHNAN FOR R1 CHINCY GOPAKUMAR [MEDIATOR0) THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 30/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT & M.C. HARI RANI, JJ. ------------------------------------------------- M.F.A. No.1495 of 2001 ------------------------------------------------- Dated this the 29th day of October, 2009 JUDGMENT Basant,J. This appeal is preferred by the appellant/husband aggrieved by the rejection of his claim for divorce under Sec.13 of the Hindu Marriage Act. This appeal was filed as early as in 2001. We now note that the parties have settled all their outstanding disputes. 2. Both counsel submit that all their disputes have been settled; a formal deed of settlement has been drawn up and the same has been produced before this Court. That agreement dated 6/7/09 is signed by both spouses and is duly countersigned by their counsel. The settlement has been reached in the presence of a Mediator, it is urged. M.F.A. No.1495 of 2001 -: 2 :- 3. As per the terms of settlement, the marriage is to be dissolved by mutual consent by a joint application under Sec.13B of the Hindu Marriage Act. I.A.No.3203/09 has been filed by the rival contestants under Sec.13B of the Hindu Marriage Act. Both the spouses have signed in that petition. The same has been countersigned by their respective counsel. In that petition they confirmed that the marriage was solemnised on 13/1/91; that they have been residing separately for a period far exceeding one year i.e., from 26/2/2000; that they have not been able to live together as husband and wife and that they have mutually agreed that their marriage must be dissolved by mutual consent. 4. The parties have filed affidavits - I.A.Nos.2771 and 3202/09 to separately request this Court to dispense with the waiting period of six months under Sec.13B(2) of the Hindu Marriage Act. 5. We are satisfied that the settlement can be accepted. We are further satisfied that all the ingredients necessary to justify a prayer for divorce by mutual consent have been M.F.A. No.1495 of 2001 -: 3 :- satisfied. We are further satisfied on the application filed by the spouses that the prayer for dispensing with the waiting period of six months under Sec.13B(2) of the Hindu Marriage Act can be allowed invoking our inherent jurisdiction and the jurisdiction under Art.226 of the Constitution. We are, in these circumstances, satisfied that this appeal can be allowed in part; the prayer for dissolution of their marriage under Sec.13B of the Hindu Marriage Act can be accepted and the marriage dissolved. 6. In the result: (a) This appeal is allowed in part. (b) The impugned order is upheld. (c) I.A.No.3203/09 is allowed. The marriage between the appellant and the respondent which was solemnised on 13/1/91 is hereby dissolved by mutual consent under Sec.13B of the Hindu Marriage Act. (d) The settlement agreement dated 6/8/09 shall be appended to the decree for dissolution. 7. It is submitted that all payments due under the settlement agreement have been made by the appellant and M.F.A. No.1495 of 2001 -: 4 :- received by the respondent herein. The amount of Rs.1,50,000/- payable to the child shall be paid in accordance with the terms of settlement, confirms the appellant. That fact is also recorded. Sd/- R. BASANT (Judge) Sd/- M.C. HARI RANI (Judge) Nan/ //True Copy// P.S. to Judge M.F.A. No.1495 of 2001 -: 5 :- R. BASANT & M.C. HARI RANI, JJ. ------------------------------------------------- M.F.A. No.1495 of 2001 ------------------------------------------------- Dated this the 29th day of October, 2009 JUDGMENT