IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 8TH OCTOBER 2010 / 16TH ASWINA 1932 Mat.Appeal.No. 387 of 2009() ---------------------------- OP.367/2007 of FAMILY COURT, PALAKKAD .................... PETITIONER: APPELLANT/PETITIONER IN OP ----------------------------------------- DR.AJITHKUMAR.C.B., S/O. C.S.BALACHANDRAN, CHAKKALACKAL HOUSE, PERINCHERI DESOM, AVINISSERY VILLAGE, THRISSUR TALUK. BY ADV. SRI.T.RAMPRASAD UNNI SMT.SMITHA GEORGE RESPONDENT: RESPONDENTS IN OP -------------------------------- DR.JYOTHI.P.R, D/O.P.R.RAMAKRISHNAN, PRASANTH HOUSE, S.R.K.NAGAR, PALAPPURAM P.O., OTTAPALAM EAST, PALAKKAD. ADV. SRI.SANTHEEP ANKARATH FOR R1 SRI.G.SIJI FOR R1 THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 08/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT & M.L.JOSEPH FRANCIS JJ., - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mat. Appeal No.387 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of October, 2010. JUDGMENT Basant J., The appellant/husband came to this Court with this appeal aggrieved by the dismissal of his petition claiming divorce on the ground of cruelty. During the pendency of this appeal, parties have settled their disputes. They have filed an application for divorce under Section 13B of the Hindu Marriage Act, on 29.6.2010. The same has been numbered as I.A. No. 918 of 2010. The averments in the petition under Section 13B of the Hindu Marriage Act clearly show that the requisite circumstances to justify the grant of an order of divorce under Section 13B by mutual consent are all established. Affidavits have been filed by the spouses to confirm that even after the lapse of a period of six months, there has been no re- conciliation and they want divorce by mutual consent to be granted, even now. An amount of Rs.10 lakhs is to be paid by the appellant /husband to the respondent/wife in terms of the order and Mat. A. No.387 of 2009 2 a demand draft to satisfy the said stipulation has been produced before this Court. O.P. No. 373 of 2008 filed by the wife before the Family Court, Palakkad is pending. Steps have already been taken to withdraw the same, it is submitted. There is an agreement between the parties that the father/ appellant shall have visitorial rights in respect of the child once every month. 2. The learned counsel for the appellant now submits that marriage may be dissolved by passing a decree for divorce by mutual consent under Section 13B. We are satisfied that the said request can be accepted. 3. In the result: (a) This appeal is allowed (b) The impugned order is upheld. (c) I.A. No. 918 of 2010 is allowed and the marriage between the appellant and respondent, solemnised on 31.1.2005 is dissolved by a decree for dissolution by mutual consent, under Section 13B of the Hindu Marriage Act, with effect from this date. (d) We accept the stipulations in the joint petition. The Mat. A. No.387 of 2009 3 stipulation regarding visitorial rights of the child can be reckoned as a direction issued under the Guardian and Wards Act and can be executed as an order passed by the Family Court, Palakkad. (e) Demand draft for Rs.10 lakhs produced before this Court shall be handed over by the Registry forthwith to the counsel for the respondent. R. BASANT, JUDGE M. L. JOSEPH FRANCIS, JUDGE dl/