IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 31ST MARCH 2009 / 10TH CHAITHRA 1931 Mat.Appeal.No. 135 of 2009() ---------------------------- OP.218/2007 of FAMILY COURT, PALAKKAD .................... PETITIONER(S): 1 ---------------- SURESH P.T. AGED 29 YEARS, S/O. VELAYUDHAN NAIR, PANDIYERIKKAL VEEDU, PALLIPPURAM DESOM, PARUTHUR AMSOM, OTTAPALAM TALUK. BY ADV. SMT.T.D.RAJALAKSHMI SRI.R.SREEHARI RESPONDENT(S): --------------- DEEPA, 24 YEARS, D/O. VADAKKEPATTU NARAYANAN, VALLUR AMSOM DESOM, VALLUR POST, OTTAPALAM TALUK. ADV. SRI.K.RAJESH SUKUMARAN FOR R1 THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 31/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT & C.T.RAVIKUMAR, JJ. * * * * * * * * * * * * * Mat.Appeal.No.135 of 2009 ---------------------------------------- Dated this the 31st day of March 2009 J U D G M E N T BASANT,J This appeal is filed by the petitioner/husband who had filed O.P.No.218/07 before the Family Court, Palakkad claiming divorce under Section 13 of the Hindu Marriage Act on the ground of cruelty of the respondent/wife. While that petition was pending, wife fi led an application for interim maintenance, litigation expenses etc. That application was allowed. The appellant/petitioner/husband was directed to make payments. He did not make payments as directed. On the ground of non- compliance of the directions, the petitioner/appellant's application for divorce was dismissed by the impugned order dated 26/8/2008. This appeal is directed against that order dismissing the petition for divorce. 2. Marriage had taken place on 28/04/2005. Petition for divorce was filed as early as in 30/03/2007. There has been no resumption of co-habitation thereafter admittedly. During the pendency of this proceedings before this court, the parties have settled their disputes and they have filed I.A.No.852/09 with a prayer that the application may be treated as a joint application for Mat.Appeal.No.135/09 2 divorce under Section 13B of the Hindu Marriage Act and the marital tie between the spouses may be dissolved under Section 13B of the Hindu Marriage Act dispensing with the procedural requirements. Parties are present before court. They are represented by their counsel. It is confirmed by the parties and counsel that the matter has been settled on the basis of terms incorporated in I.A.No.852/09. 3. We have considered all the relevant circumstances. We are satisfied that the prayer in I.A.No.852/09 can be allowed and this appeal can accordingly be allowed. 4. In the result, a) This appeal is allowed. b) The joint application under Section 13B of the Hindu Marriage Act filed by the parties before this court is accepted. The marriage which was solemnised between the parties on 28/04/2005 is hereby dissolved under Section 13B of the Hindu Marriage Act. It is stipulated that the terms incorporated in the joint compromise petition I.A.No.852/09 are accepted and the compromise petition shall be annexed to this petition. (R.BASANT, JUDGE) (C.T.RAVIKUMAR, JUDGE) jsr Mat.Appeal.No.135/09 3 Mat.Appeal.No.135/09 4 R.BASANT &C.T.RAVIKUMAR, JJ. .No. of 200 ORDER/JUDGMENT 06/02/2009