IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 8TH APRIL 2009 / 18TH CHAITHRA 1931 Mat.Appeal.No. 680 of 2008() ---------------------------- O.P.NO.35/07 OF THE FAMILY COURT, PALAKKAD. PETITIONER(S): APPELLANT ------------------------ T.R.RADHALAKISHMI ALIAS RUGMINI, AGED 24 YEARS, D/O. PROF.T.V.RADHAKRISHNAN, RESIDING AT 3/891(1), "SREEPADAM", SINGLE STREET, L.N.PURAM, PALAKKAD - 5. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT(S): RESPONDENT ------------------------- R. NAVEEN ALIAS NATARAJAN, AGED 31 YEARS S/O. DR.N.RAMCHANDRAN, RESIDING AT "NATARAJ", WEST YAKKARA, PALAKKAD. ADV. SRI.N.SUKUMARAN FOR R1 THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 08/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT & C.T. RAVIKUMAR, JJ. ------------------------------------------------- Mat.A.No.680 of 2008 ------------------------------------------------- Dated this the 8th day of April, 2009 JUDGMENT Basant,J. This appeal is preferred by the appellant/wife whose application for divorce on the ground of cruelty and desertion against her husband though disposed of ex parte was dismissed by the Family Court. The respondent has entered appearance in this appeal. During the pendency of the appeal, parties have settled their disputes and they agreed that the marital tie can be dissolved without making any mutual recrimination. They have agreed and decided that the marriage can be dissolved by consent and a joint application - I.A.No.1146/09 under Sec.13B of the Hindu Marriage Act has accordingly been filed. The applications have been duly signed by the spouses and countersigned by their respective counsel. Parties are not present before court. They are not available in the State. The husband is employed abroad, submit both counsel. The learned counsel for parties vouch for their signatures and their Mat.A.No.680 of 2008 -: 2 :- agreement for dissolution of the marriage by mutual consent. All the requirements of Sec.13B of the Hindu Marriage Act have been satisfied. Though I.A.No.1146/09 agreeing for a divorce by mutual consent under Sec.13(B) of the HMA has been filed only on 8/4/09, we are satisfied that separate residences had commenced long earlier. It is not necessary, in these circumstances, to post the matter to a date after 6 months for passing final orders under Sec.13B of the Hindu Marriage Act. 2. In the result: (a) This appeal is allowed. (b) The impugned rejection of the prayer for divorce on the ground of cruelty and desertion is upheld. (c) But as prayed for by both sides, a decree for divorce is granted under Sec.13B of the Hindu Marriage Act and the marriage between the parties solemnised on 8/9/05 is hereby dissolved. Sd/- R. BASANT (Judge) Sd/- C.T. RAVIKUMAR (Judge) Nan/ //true copy// P.S. to Judge Mat.A.No.680 of 2008 -: 3 :-