IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 21ST DECEMBER 2010 / 30TH AGRAHAYANA 1932 Mat.Appeal.No. 147 of 2008(A) ---------------------------- OP.148/2006 of FAMILY COURT, KALPETTA .................... APPELLANT : 1ST RESPONDENT; ------------------------------ GANGADHARAN, S/O.LATE VELUSWAMY, DOOR NO.V/73, MASINAGUDI, THE NILGRIS, TAMIL NADU. NOW WORKING AS CONSTABLE, CISF, THE OFFICE OF THE CHIEF COMMANDANT, CENTRAL INDUSTRIAL SECURITY FORCE (CISF), FACT, COCHIN. BY ADV. SRI.J.DEVADANAM SRI.VINOD J.DEV SRI.PRAMOD J.DEV RESPONDENT : PETITIONER: -------------------------- SATHYABHAMA.K.A., W/O.GANGADHARAN, NO.IV/894, PADMALAYAM QUARTERS, SULTHAN BATHERY TALUK, WAYANAD DISTRICT. ADV. SRI.S.EASWARAN FOR R THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 21/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & K.SURENDRA MOHAN, JJ. *********************** Mat.Appeal No.147 of 2008 ***************************** Dated this the 21st day of December, 2010 JUDGMENT BASANT, J. This appeal is preferred by the appellant/husband aggrieved by the impugned order passed by the Family Court. By the impugned order, the marriage was declared to be null and void. It was directed than an amount of Rs.2,80,000/- must be paid by the appellant/husband to the respondent/wife along with interest and cost. 2. Pending this appeal, parties were referred for mediation. They have settled their disputes. The settlement has been reported to the Court by the Mediator and as agreed, parties have filed an application under Section 13 B of the Hindu Marriage Act for dissolution of marriage by mutual consent. That joint petition was filed on 26.03.2010 and the same has been numbered as I.A.No.909 of 2010. The terms of the settlement are seen incorporated in the joint affidavit filed by the parties in support of the petition under Section 13B of the Hindu Marriage Act. An amount of Rs.1,60,000/- has been paid by the appellant to the respondent and the respondent has received the Mat.Appeal No.147 of 2008 2 same in full settlement of all her monetary claims against the husband. Both counsel now pray that the terms of settlement may be accepted; the impugned order may be set aside; this appeal may be allowed; the petition under Section 13B of the Hindu Marriage Act may be allowed and the marriage may be dissolved by mutual consent. 3. We have perused the terms of the settlement. We have considered the petition under Section 13 B of the Hindu Marriage Act jointly by the parties which is numbered as I.A.No.909 of 2010. We are satisfied that the settlement can be accepted and the petition under Section 13B of the Hindu Marriage Act can be allowed. 4. We are satisfied that all the pre conditions required to be satisfied in an application under Section 13B have been satisfied. The spouses are legally married. They have not been able to live together for a period exceeding one year. That had elapsed prior to the filing of the joint application for divorce under Section 13B. A period of 6 months has already elapsed from the date of filing of the application under Section 13B. The spouses have filed affidavits to confirm that there is no settlement and that they want a decree for dissolution under Mat.Appeal No.147 of 2008 3 Section 13 B of the Hindu Marriage Act. We are satisfied that I.A.No.909 of 2010 can, in these circumstances, be allowed and the marriage can be dissolved by a decree for divorce by mutual consent under Section 13B of the Hindu Marriage Act. 5. In the result: a) This Mat.Appeal is allowed; b) The impugned order is set aside as agreed; c) We record the fact that an amount of Rs.1,60,000/- (Rupees One lakh and sixty thousand only) has been paid by the appellant to the respondent and the same has been accepted by the respondent in full satisfaction of all her monetary claims against the appellant; d) I.A.No.909 of 2010 is allowed. The marriage between the appellant and the respondent solemnised on 28.08.2005 in accordance with customary Hindu religious rites is hereby dissolved under Section 13B of the Hindu Marriage Act with effect from this date. (R.BASANT, JUDGE) l (K.SURENDRA MOHAN, JUDGE) rtr/