IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 6TH APRIL 2009 / 16TH CHAITHRA 1931 Mat.Appeal.No. 340 of 2005(E) ---------------------------- OP.148/2003 of FAMILY COURT,KOZHIKODE .................... PETITIONER : APPELLANT/RESPONDENT IN OP ----------------------------------------- P.MEERA, AGED 40 YEARS, D/O.P.DAMODARAN, RESIDING AT QTR NO.CE-35, QUARTERS OF CENTRAL EXCISE AND CUSTOMS, KOZHIKODE. BY ADV. SRI.P.M.MOHAMMED SHIRAZ RESPONDENT: PETITIONER IN OP ------------------------------- T.VELAYUDHAN, AGED 45 YEARS, S/O.KUNHIKANNAN, RESIDING AT KUNIYIL, MELOOR AMSOM DESOM, KOYILANDY TALUK, KOZHIKODE DISTRICT. ADV. SRI.N.M.MADHU FOR R1 THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 06/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & C.T.RAVIKUMAR, JJ. ------------------------------------ Mat.Appeal No.340 of 2005 ------------------------------------- Dated this the 6th day of April, 2009 JUDGMENT BASANT, J. This appeal is preferred by the appellant/wife against a decree for divorce on the ground of cruelty passed in favour of the respondent her husband under Section 13 of the Hindu Marriage Act. 2. During the pendency of the proceedings, parties have come to terms and it is agreed by them that the marital tie can be dissolved without any adverse finding against the spouses. They have now agreed that the marital tie can be dissolved by a joint application for divorce under Section 13 B of the Hindu Marriage Act. Accordingly I.A.No.1026 of 2008 has been filed duly signed by the spouses and counter signed by the respective counsel praying that the appeal may be allowed in part. Decree for divorce may be granted under Section 13 B of the Hindu Marriage Act, pray both sides. 3. Parties are present before the Court. Their counsel are also present. It is represented by both of them that they have agreed to get the marital tie dissolved under Section 13 B of the Mat.Appeal No.340 of 2005 2 Hindu Marriage Act. We are satisfied that all conditions for grant of a decree for divorce under Section 13 B of the Hindu Marriage Act have been satisfied. We are satisfied that a decree under Section 13 B of the Hindu Marriage Act can be granted dispensing with the requirement of waiting for a period of 6 months, even though I.A.No.1026 of 2008 to seek a direction under Section 13 B was filed only on 22.03.09. The O.P has been filed much earlier and the spouses have been residing separately thereafter. 4. In the result: a) This appeal is allowed in part; b) The impugned decree for divorce on the ground of cruelty is set aside; c) I.A.No.1026 of 2008 is allowed and as agreed by both sides and as requested by them, the marital tie between the parties on the basis of the marriage solemnised on 24.10.1993 is hereby dissolved under Section 13 B of the Hindu Marriage Act. (R.BASANT, JUDGE) (C.T.RAVIKUMAR, JUDGE) rtr/-