IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 27TH JULY 2009 / 5TH SRAVANA 1931 Mat.Appeal.No. 107 of 2009() ---------------------------- OP.555/2008 of FAMILY COURT, MALAPPURAM .................... PETITIONER(S): APPELLANT ------------------------ NIVEDITHA, AGED 27 YRS, D/O.IRUPPAYIL VELAYUDHAN, RAJAGOPALAN, THEJUS, KUTTIPURAM.PO, MALAPPURAM. BY ADV. SRI.BABU KARUKAPADATH SMT.M.A.VAHEEDA BABU SRI.JAGAN GEORGE SRI.K.A.NOUSHAD SRI.P.G.PRAMOD RESPONDENT(S): RESPONDENT ------------------------- SIVARAM VALLATH SUSHANTH, AGED 29 YRS, S/O.VALLATH KRISHNAN SIVARAMAN, SIVAM, CHITTOOR ROAD, KUNNATHURMEDU.P.O,PIN-678013,PALAKKAD, KERALA. ADV. SRI.T.K.CHINNAN SRI.B.K.GOPALAKRISHNAN THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 27/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: A.K.Basheer & P.S.Gopinathan, JJ. ================================== Mat.Appeal No.107 of 2009-D ================================== Dated this the 27th day of July, 2009. JUDGMENT Basheer,J. 1.This appeal is at the instance of a young wife, who did not succeed before the Family Court to get an order of divorce as requested by her. 2.It appears that during the pendency of this appeal, the appellant and the respondent have decided to give a quietus to the protracted divorce proceedings. They have filed a joint application under Section 13-B of the Hindu Marriage Act with a petition to waive the waiting period of six months stipulated under the above statutory provision. Mat.A.107/09 -:2:- 3.When this appeal came up for consideration on the last hearing date, this Court had directed the respondent to place on record an affidavit sworn before the competent authority in the State of Texas in the United States of America, where he is presently employed. Accordingly, the respondent has filed an affidavit dated July 9, 2009. In the said affidavit, he has averred that he is also agreeable to effect divorce by mutual consent. The said affidavit is taken on record. In the above facts and circumstances, we are satisfied that the waiting period of six months need not be insisted upon in this case. Therefore, the application filed under Section 13-B is allowed. The marriage between the appellant and the respondent shall stand Mat.A.107/09 -:3:- dissolved with effect from today. The appeal is disposed of in the above terms. A.K.Basheer, Judge. sl. P.S.Gopinathan, Judge.