IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 23RD MAY 2011 / 2ND JYAISHTA 1933 Mat.Appeal.No. 214 of 2009() ---------------------------- OP.791/2005 of FAMILY COURT,KOZHIKODE .................... PETITIONER(S): APPELLANT/PETITIONER ----------------------------------- JAYALAKSHMI V. D/O. LATE P.PRABHAKARAN NAIR, AGED 35 YEARS, NOW RESIDING AT "SREYAS", ERANHIPALAM POST, CALICUT-673 006. BY ADV. SRI.P.K.SURESH KUMAR SRI.SANTHEEP ANKARATH RESPONDENT(S): RESPONDENT ------------------------- VINOD MENON S/O. K.S.N.MENON, AGED 38 YEARS, OLD NO.33, MANGALI NAGAR, 1ST STREET, ARUMBAKKAM, CHENNAI, PIN-600 106. THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 23/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ----------------------------------------------- Mat. Appeal No.214 of 2009 ----------------------------------------------- Dated 23rd May, 2011. J U D G M E N T Joseph, J. This is an appeal filed against the decree in O.P.791/2005 on the file of the Family Court, Kozhikode. Pending the matter, parties have filed a joint petition for dissolution of their marriage, under Section 13B of the Hindu Marriage Act, on 18.10.2010. Both parties have filed affidavits. It would appear that the parties have virtually settled their disputes. It is stated in the joint petition that they belong to Nair community and their marriage was solemnized on 1.9.2002 as per the religious customs. It is also stated that they have been living separately since 19th December, 2004 and there has been no co-habitation between them thereafter. It is further stated that there is no collusion between them. It is also indicated that the wife has received all her gold ornaments kept in the locker and the parties have agreed that no future claims will be made by them against each other. 2. The parties were also present before us. In such M.A.214/09 2 circumstances, we allow the petition and dissolve the marriage between the parties with effect from today. We set aside the decree passed by the Family Court, Kozhikode, in O.P.791/05. Sd/- K.M.JOSEPH, JUDGE. Sd/- M.L.JOSEPH FRANCIS, JUDGE. tgs (True copy) P.S. to Judge.