IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 10TH APRIL 2008 / 21ST CHAITHRA 1930 WP(C).No. 12559 of 2008(S) ---------------------------------- PETITIONERS: ----------------- 1. P. SATHIADEVAN, AGED 28 YEARS S/O.POOKULANGARA SHEKHARAN, P.O.AZHIYOOR KOZHIKODE DISTRICT. 2. KARAKKADAN DIVYA, AGED 22 YEARS D/O.RAMAKRISHNAN, AVINHIYIL, CHERUTHAZHAM P.O.MANDOOR, KANNUR DISTRICT. BY ADV. SRI. P.U. SHAILAJAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ----------------------------------------- W.P(C)No.12559 of 2008 ----------------------------------------- Dated this the 10th day of April, 2008 JUDGMENT Kurian Joseph,J. Ext.P3 order in I.A.No.194/2008 in O.P.No.218/2008 on the file of the Family Court, Kannur is under challenge. That is an application filed by the petitioners herein praying for waiving the lie over period of six months for a decree in the joint petition filed under Section 13B of the Hindu Marriage Act, 1955. By a one line order, the impugned order has been passed. Having gone through the petition we find that though the marriage between the parties was solemnised on 15-3- 2007, they have been living separately since 16-3-2007. It is further submitted that several rounds of attempts for mediation and conciliation were not fruitful. The parties themselves have come up before this court and filed this writ petition as petitioners. In the background of the parties we find that they have been living separately for over a period of one year and that they have not been able to live together and that hence only they have mutually agreed for dissolution of their marriage by mutual consent. In the nature of the strained relationship between the parties leading them to take a joint decision in the interests of both parties to have the marriage dissolved by W.P(C) NO.12559/2008 -:2:- mutual consent, we do not think that a further lie over period is required, in the peculiar facts and circumstances of this case. Therefore, we set aside Ext.P3 order in I.A.No.194/2008. I.A.No.194/2008 in O.P.No.218/2008 will stand allowed. There will be a direction to the Family Court to pass orders on the main petition filed under Section 13 B of the Hindu Marriage Act, 1955 within a period of two weeks from the date of production of a copy of this judgment along with a copy of the writ petition by both parties and presenting themselves in person. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) ahg. KURIAN JOSEPH & HARUN-UL-RASHID, JJ. --------------------------- W.P(C)No.12559 of 2008 ---------------------------- JUDGMENT 10th April, 2008