IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 22ND OCTOBER 2010 / 30TH ASWINA 1932 Mat.Appeal.No. 508 of 2007() ---------------------------- OP.98/2006 of FAMILY COURT, PALAKKAD .................... APPELLANT ------------------- SMT. REMA MENON, D/O. M.P.R.NAIR (LATE) 39 YEARS, 'DEEPAM' PERINKULAM, ALATHUR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.P.R.VENKETESH RESPONDENT --------------------- SRI.K.P.VINOD, S/O. BALAKRISHNAN NAMBIAR AGED 44 YEARS,POOVAYATHIL KEEZHIL, CHITTARIPARAMBU KANNUR DISTRICT. ADV. SRI.P.N.KRISHNANKUTTY ACHAN, SENIOR ADVOCATE FOR R1 SRI.K.MOHANAKANNAN FOR R1 SMT.P.K.RADHIKA[CONCILIATOR] THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 22/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.L.JOSEPH FRANCIS, JJ. *********************** Mat.Appeal No.508 of 2007 ***************************** Dated this the 22nd day of October, 2010 JUDGMENT BASANT, J. This appeal is preferred by the appellant/wife aggrieved by the dismissal of her claim for divorce under Section 13 of the Hindu Marriage Act on the ground of cruelty. 2. During the pendency of the appeal, the parties have settled all their outstanding disputes. I.A.No.1330 of 2010 has been filed before this Court on 06.04.2010. That is a joint application for dissolution of marriage by mutual consent under Section 13B of the Hindu Marriage Act. That petition was received on file on 06.04.2010 and the appeal was posted to a day after six months. After six months, the matter has now come up before this Court again for consideration. Affidavits have been filed by both sides to confirm that there has been no reconciliation thereafter and to assert that both parties are even now interested in a divorce by mutual consent. 3. We have perused the averments in I.A.No.1330 of 2010 as also the affidavits filed by the parties. We are satisfied that the marriage between the parties, which was solemnised on Mat.Appeal No.508 of 2007 2 22.12.1997, can now be dissolved by a decree under Section 13B of the Hindu Marriage Act. The parties have settled all their outstanding disputes as can be seen from the averments in I.A.No.1330 of 2010. There is another proceedings pending before the court below as O.P(G&W) 1407 of 2006. Both counsel agree that the parties shall file appropriate application before the said Court also to get the terms accepted and an order passed in accordance with these terms in the said O.P(G&W) 1407 of 2006 also. 4. In the light of the submissions, it is unnecessary for us to consider the nature of the challenge against the impugned order raised originally in Mat.Appeal No.508 of 2007. 5. In the result: a) Mat.Appeal No.508 of 2007 is allowed in part; b) The order impugned in Mat.Appeal No.508 of 2007 is allowed to remain, but I.A.No.1330 of 2010 is allowed. A decree is passed under Section 13B of the Hindu Marriage Act dissolving the marriage between the spouses solemnised on 22.12.1997 by mutual consent with effect from this date; c) The terms stipulated in the joint application, ie. I.A.No.1330 of 2010, are accepted. But the parties are directed Mat.Appeal No.508 of 2007 3 to seek appropriate orders from the Family Court in O.P(G&W) 1407 of 2006 in terms of the compromise. (R.BASANT, JUDGE) (M.L.JOSEPH FRANCIS, JUDGE) rtr/