IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 11TH MARCH 2009 / 20TH PHALGUNA 1930 MFA.No. 504 of 2001() ---------------------------------- OP.523/1999 of FAMILY COURT,KOZHIKODE .................... APPELLANT(S): PETITIONER --------------------------- P.SUMATHAN, 36 YEARS, S/O. P.SAMI, ''PANAKKATTUM VETTIL'', PUTHIYANGADI, PAVANGAD, KOZHIKODE. BY ADVS. MR.MANJERI SUNDERRAJ MR.B.PREMNATH (E) SUDHEER(CONCILIATOR) RESPONDENT(S): RESPONDENT -------------------------- N.K.JAYASREE, 29 YEARS, (MENTALLY III), BY GUARDIAN/ NEXT FRIEND/MOTHER THIRUMALAKUTTY JANU, 62 YEARS, W/O.KUMARAN, ''NALUKANDATHIL'', KOYILANDY ATHOLI, EDAKARA AMSOM KOLAKKAD DESOM. ADV. MR.NIRMAL SACHEENDRAN THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 11/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID,JJ. ------------------------------- M.F.A.NO. 504 OF 2001 & I.A.NO.705 OF 2009 ------------------------------- Dated this the 11th day of March, 2009 JUDGMENT Harun-Ul-Rashid,J. Appellant is the petitioner in O.P.No.523/99 on the file of the Family Court, Kozhikode. The said O.P. was filed for divorce, which was dismissed by order dated 27/10/2000. When the appeal was taken up for final hearing, the parties filed a joint petition as I.A.No.705/09 under Section 13B of the Hindu Marriage Act for divorce by mutual consent. We had talked to the parties. We had the assistance of a mediator, Sri P.K. Yousuf Issuddin, Advocate also. We are happy to know that the parties have finally settled the dispute between them. 2. We find that the marriage between the parties has irretrievably broken down, that they lived together for a few days only and that they are living separately since August, 1998. We are -2- M.F.A.No.504/2001& I.A.NO.705/09 convinced that there is no possibility of the parties living together. 3. In the facts and circumstances, we are of the view that there is no necessity for the parties to wait, till the expiry of the lie over period. Hence, the lie over period is waived. We are satisfied that the parties have filed a joint petition on their own accord and there is no collusion between the parties. A decree of divorce between the parties by mutual consent is passed with effect from today. The terms of settlement between the parties are hereby recorded and the same shall form part of this judgment. Appeal is disposed of and I.A is allowed. KURIAN JOSEPH, Judge. HARUN-UL-RASHID, Judge. kcv.