IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 13TH DECEMBER 2010 / 22ND AGRAHAYANA 1932 Mat.Appeal.No. 835 of 2008(G) ---------------------------- OP.460/2007 of FAMILY COURT, KOZHIKODE .................... APPELLANT : PETITIONER ------------------------ DEEPAK KALATHIL, S/O.RADHAKRISHNAN NAIR, KALATHINGAL, P.O.KARAMTHUR, KUNNAMANGALAM, KOZHIKODE. BY ADV. SRI.ANIL K.NARENDRAN RESPONDENTS : RESPONDENTS -------------------------- 1. SARITHA S.MENON, D/O.M.SHANKARANKUTTY MENON, SARANG (MULLASSERI), P.O.MANKAVE, KOZHIKODE. 2. M.SHANKARANKUTTY MENON, SARANG (MULLASSERI), P.O.MANKAVE, KOZHIKODE. ADV. SRI.K.A.SALIL NARAYANAN FOR R1-2 THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 13/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------------------ Mat.Appeal No.835 Of 2008 ----------------------------------------------------------- Dated this the 13th December, 2010. JUDGMENT Basant, J. This appeal is preferred by the appellant/husband, who was the petitioner before the court below in an application for declaration of nullity of marriage. 2. The marriage was admittedly solemnised on 04.04.2007 at Guruvayur Temple in accordance with the customary religious rites of the Hindu community, to which both spouses belong. The spouses lived together till 09.04.2007. The husband's prayer for declaration of nullity of their marriage was rejected by the court below and it is hence that the appellant/husband came before this Court. 3. Before this Court, the parties settled their disputes. They now accept the validity of the marriage. They have now filed an application for dissolution of marriage under Section 13B of the Hindu Marriage Act. I.A.No.1405 of 2010 has been filed jointly by the spouses under Section 13B of the Hindu Mat.Appeal No.835 Of 2008 2 Marriage Act. The same was received on file on 09.06.2010. Both spouses had filed affidavits. 4. The matter was posted for elapse of the period of six months as insisted by Section 13B(2) of the Hindu Marriage Act. Subsequently the parties have moved for final disposal of the application under Section 13B of the Hindu Marriage Act. 5. We are satisfied that the marriage was solemnised on 04.04.2007 in accordance with the customary and religious rites of the Hindu community, to which the parties belong. They have not been able to live together. They have not been living together for a period exceeding one year as insisted by Section 13B of the Hindu Marriage Act. After the filing of the petition, a period of six months has elapsed. The parties have now settled their disputes. Both spouses have now filed affidavits to confirm that they have not been able to resume cohabitation even after the filing of the petition. 6. We are satisfied that, in these circumstances, that this appeal can be allowed in part and the marriage between the spouses can be dissolved under Section 13B of the Hindu Marriage Act by mutual consent. Mat.Appeal No.835 Of 2008 3 7. In the result: a) This appeal is allowed in part; b) The impugned order passed by the court below turning down the claim under Section 12 of the Hindu Marriage Act is upheld; c) I.A.No.1405 of 2010 is allowed. The marriage between the appellant and the 1st respondent, which was solemnised in accordance with the customary and religious rites of the parties on 04.04.2007 at Guruvayur Temple, Trichur, is hereby dissolved by mutual consent with effect from this date under Section 13B of the Hindu Marriage Act. The terms of agreement between the parties, which are recorded in the joint petition, are accepted. The said joint petition shall be appended to the decree. R.BASANT Judge K. SURENDRA MOHAN Judge rtr/