IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 26TH MARCH 2009 / 5TH CHAITHRA 1931 MFA.No. 421 of 2003() ------------------------------- AGAINST THE ORDER DATED 30/11/2002 IN MC.30/1999 IN OP.325/1997, OP. NO.531/1999 of FAMILY COURT,THRISSUR .................... APPELLANT(S): RESPONDENT: ------------------------- VIJAYAN MENON, S/O. MADATHIL NANIKUTTY AMMA, `BHAVANA', PUTHURKARA DESOM, AYYANTHOLE VILLAGE, THRISSUR. BY ADVS. MR.P.VIJAYA BHANU MR.M.GEORGE THOMAS RESPONDENT(S): PETITIONERS: --------------------------- 1. M.RADHA, D/O. MURIYANGATTIL GOPALAKRISHNAN AND W/O. VIJAYAN MENON, MANALUR VILLAGE AND DESOM, THRISSUR. 2. MINOR MESU @ KANNAN, REPRESENTED BY GUARDIAN/MOTHER RADHA, 1ST RESPONDENT. ADV. MR.DILIP J. AKKARA THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 26/03/2009, ALONG WITH RPFC NO. 60 OF 2003 MA NO. 247 OF 2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID,JJ. ------------------------------- M.F.A.NO. 421 OF 2003, R.P.(FC).NO.60 OF 2003, MAT. APPEAL NO.247 OF 2009 & I.A.NO.940 OF 2009 ------------------------------- Dated this the 26th day of March, 2009 JUDGMENT Harun-Ul-Rashid,J. The appellant is the petitioner in O.P.No.325/97 filed before the Family Court, Thrissur under Section 13 of the Hindu Marriage Act for divorce. He is the respondent in O.P.No.531/99 filed by his wife and minor child for maintenance and return of gold ornaments and also the respondent in M.C.No.30/99 filed by the petitioners in O.P.No.531/99 for maintenance. By a common order dated 30/11/2002 the Family Court, Thrissur dismissed O.P.No.325/97, partly allowed O.P.No.531/99 and allowed M.C.No.30/99 awarding maintenance to the wife and child. The above appeals and R.P.(FC) arise out of a common order passed in the three cases mentioned above. -2- MFA.NO.421/03, RP(FC).NO.60/03, MAT.APPEAL.NO.247/09 & IA.NO.940/09 2. When the matter was taken up for final hearing, we directed the parties to appear before us. Accordingly, the parties appeared before us on several dates. We have interacted with them on such occasions. Finally, the parties agreed to settle all the disputes between them. Accordingly, the parties filed joint petition, I.A.No.940/09 in Mat.Appeal No.247/09 under Section 13B of the Hindu Marriage Act for a decree of divorce dissolving their marriage by mutual consent. The applicants in the above I.A. got married on 29/05/1987. They are residing separately for the last 18 years. We are satisfied that the marriage between the parties is irretrievably broken down and there is no chance at this distance of time to live together. 3. In the above 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 joint petition under Section 13 B -3- MFA.NO.421/03, RP(FC).NO.60/03, MAT.APPEAL.NO.247/09 & IA.NO.940/09 of the Hindu Marriage Act on their own accord and that there is no collusion between them. A decree of divorce dissolving the marriage of the parties by mutual consent is passed with effect from today. The terms of settlement between the parties are hereby recorded and I.A.No.940/09 shall form part of this decree and judgment. Appeals and R.P.(FC) are disposed of and I.A.No.940/09 is allowed. KURIAN JOSEPH, Judge. HARUN-UL-RASHID, Judge. kcv.