IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 13TH OCTOBER 2010 / 21ST ASWINA 1932 Mat.Appeal.No. 523 of 2009(D) ---------------------------- OP.175/2008 of FAMILY COURT,KOZHIKODE .................... APPELLANT : --------------- T.SASIDHARAN, AGED 34 YEARS, S/O.VELAYUDHAN, "THAROL", MADTHIL HOUSE, KADALUNDI P.O., KOZHIKODE. BY ADV. SRI.MANJERI SUNDERRAJ RESPONDENT: -------------------------- P.SUSMITHA, AGED 27 YEARS, D/O.APPU, PULLATT HOUSE, THANOOR P.O., MALAPPURAM. ADV. SRI.T.G.ABHILASH FOR R1 THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 13/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.L.JOSEPH FRANCIS, JJ. *********************** C.M.Appl.No.1774 of 2009 in Mat.Appeal No.523 of 2009 ***************************** Dated this the 13th day of October, 2010 ORDER BASANT, J. This petition is to condone the delay of 60 days in filing a matrimonial appeal. The appeal in turn is directed against rejection of a claim for a decree of judicial separation under Section 10 of the Hindu Marriage Act. We take a lenient view. 2. Petition allowed. Delay condoned. Mat.Appeal No.523 of 2009 JUDGMENT This appeal is preferred by the appellant/husband aggrieved by the rejection of his claim for a decree of judicial separation under Section 10 of the Hindu Marriage Act. 2. This appeal was filed in 2009. During the pendency of this appeal, the parties settled their disputes and accordingly they filed an application under Section 13B of the Hindu Marriage Act for dissolution of their marriage by mutual consent. Mat.Appeal No.523 of 2009 2 The said application for dissolution of marriage by mutual consent stands numbered as I.A.No.3772 of 2009. That petition was filed before court on 14.12.2009. That I.A.No.3772 of 2009, was filed by the spouses and that petition was accompanied by an agreement entered into between the parties dated 20.11.2009. That petition was received on file and the matter was directed to be posted after the period of 6 months. 3. There was no representation on some earlier occasions. The matter has come up for hearing today. 4. Today when the matter came up for hearing, both parties are represented by their counsel. A joint affidavit has been filed by the spouses/contestants to confirm that they want their marriage to be dissolved by mutual consent by a decree for dissolution under Section 13B of the Hindu Marriage Act. There has been no reconciliation or change of decision thereafter. Both counsel now submit that this appeal may be allowed and a decree for dissolution of marriage by mutual consent under Section 13B of the Hindu Marriage Act may be ordered. Mat.Appeal No.523 of 2009 3 5. We have perused the joint petition filed by the parties and the agreement dated 20.11.2009 duly signed by the parties and their counsel. We have also perused the joint affidavit dated 11.10.2010 filed by the spouses. 6. We are satisfied that all requirements of Section 13B of the Hindu Marriage Act have been satisfied. We are satisfied that a decree for dissolution under Section 13B of the Hindu Marriage Act can be granted. The counsel submit that all terms and stipulations regarding payment etc. in the agreement dated 20.11.09, which are reiterated in the joint application, have been complied with and shall be complied with hereafter also. 7. We are satisfied that a decree for dissolution of marriage under Section 13B of the Hindu Marriage Act can now be granted in favour of the joint applicants. 8. In the result: a) This appeal is allowed; b) The impugned order is set aside; c) I.A.No.3772 of 2009 is allowed and a decree is passed under Section 13B of the Hindu Marriage Act for dissolution of marriage between the parties solemnised on 16.03.2003 by mutual consent with effect from this date. Mat.Appeal No.523 of 2009 4 9. We record the submission of the parties that all the terms stipulated in the agreement dated 20.11.2009 have been complied with/shall be complied with by the parties. (R.BASANT, JUDGE) (M.L.JOSEPH FRANCIS, JUDGE) rtr/ Mat.Appeal No.523 of 2009 5 R.BASANT & M.C.HARI RANI, JJ. ********************** Mat.Appeal No.523 of 2009 ********************* Dated this the 14th day of June, 2010 ORDER BASANT, J. There is no representation for both sides today also. Same was the situation when the matter came up for hearing on 10.06.2010. We have perused the records. It is seen that the parties have settled their disputes and a joint application for Mat.Appeal No.523 of 2009 6 divorce under Section 13 B of the Hindu Marriage Act was filed as early as on 11.12.2009. Period of 6 months has elapsed. This Court could now have taken up the matter for consideration. But in the absence of both parties and in the absence of representation for either before us, we direct that this appeal be called again when it is moved by any one of the parties. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/