IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 7TH MARCH 2008 / 17TH PHALGUNA 1929 WP(C).No. 7687 of 2008(S) ------------------------- AGAINST THE ORDER DATED / / IN IA 402/2008 IN OP.169/2008 of FAMILY COURT,KOZHIKODE .................... PETITIONER: ------------ 1. M.M.VINOOP, S/O.LATE MANIYAN, AGED 33 YEARS, VINUBHA HOUSE, CHATHAMANGALAM POST, CHATHAMANGALAM DESOM, KOZHIKODE TALUK AND DISTRICT. 2. HEMA, D/O.RAJAGOPALAN, AGED 30 YEARS, HEMAS HOUSE, MALLOOR KADAVU, KUTTIPURAM POST, KUTTIPURAM DESOM, TIRUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.A.AHZAR RESPONDENTS: ------------- NIL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.HEMA,JJ. ----------------------------------------- W.P(C).No.7687 OF 2008 ----------------------------------------- Dated this the 7th day of March, 2008 JUDGMENT Koshy, J. First and second petitioners married on 9.4.2006 as per the Hindu rites at Guruvayoor Sreekrishna Temple. They lived together only for a short period of 26 days. First petitioner left for UAE for employment. Thereafter their marriage relationship was not resumed. They filed a joint petition for divorce on mutual consent under Section 13(B) of the Hindu Marriage Act. Both parties are present before this Court. They stated that they want to get dissolution of marriage urgently, especially because first petitioner is going for UAE for employment. They filed separate affidavits in support of the joint petition. No child was born during the wedlock and there is no chance for reconciliation. It is also submitted that the entire ornaments etc. were returned and Rs.3,00,000/- was also given as compensation by the first petitioner to the second petitioner. It is further submitted that they will not file any claim against each other. We are also satisfied that there is no fraud or collusion. On the special facts and circumstances of the case, we are W.P(C).7687/08 2 of the view that it is a fit case where dissolution of marriage can be granted under Section 13(B) of the Hindu Marriage Act. Hence by using extraordinary jurisdiction under Article 227 of the Constitution of India, O.P.No.169 of 2008 pending in the Family Court, Kozhikode is called for and stands allowed. We waive the statutory period of six months and a decree is granted for dissolution of marriage under Section 13(B) of the Hindu Marriage Act. The Writ Petition is allowed. J.B.KOSHY, JUDGE K.HEMA, JUDGE vgs.