IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 15TH JULY 2008 / 24TH ASHADHA 1930 Mat.Appeal.No. 422 of 2008 --------------------------------- OP(HMA).116/2006 of FAMILY COURT, KOLLAM .................... APPELLANT/PETITIONER: ------------------------------- SUNI MOL, AGED 23 YEARS, D/O.AMBIKA KUMARI, RESIDING AT KALARIYIL VADAKKATHIL, THOTTINU VADAKKU, CHAVARA VILLAGE, KARUNAGAPPALLY, KOLLAM DISTRICT. BY ADV. SRI.JOHNSON GOMEZ RESPONDENT/RESPONDENT: ---------------------------------- SANTHOSH KUMAR, AGED 35 YEARS, S/O.VASUDEVAN PILLAI, RESIDING AT KIZHAKKEPUTHEN VEEDU, BHOOTHAKKULAM VILLAGE, PARAVOOR, KOLLAM DT. BY THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 15/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ----------------------------------------- MAT. APPEAL No.422 OF 2008 ----------------------------------------- Dated this the 15th day of July, 2008. J U D G M E N T Kurian Joseph, J. This appeal is filed against the judgment in O.P.(HMA)No.116/2006 on the file of the Family Court, Kollam. The said original petition was filed for dissolution of marriage on the grounds available under Section 13(ia) and (ib) of the Hindu Marriage Act. 2. It is seen that the respondent was set ex parte. In the appeal also, though notice was served, there is no appearance. The petition was dismissed mainly on the ground that as on the date of filing the petition, two year period of separation had not elapsed. Apparently, in view of the said view taken by the court, no serious consideration on the other ground of cruelty was made by the court. 3. Be that as it may, learned counsel for the appellant submits that now that the period is over, the appellant may be given an opportunity before the Family Court to amend the M.A.No.422/08 2 pleadings so that much time and multiplicity of the proceedings can be avoided. Accordingly, we set aside the judgment and decree under appeal in O.P.(HMA)No.116/2006 and remit the matter to the Family Court, Kollam to be disposed of expeditiously, after giving an opportunity to the appellant to amend the pleadings. This appeal is disposed of as above. KURIAN JOSEPH JUDGE HARUN-UL-RASHID JUDGE smp