Darshana T P v. Jayasankar

# **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE K.HARILAL** **&** **THE HONOURABLE MR.JUSTICE C.S.DIAS** **MONDAY, THE 02ND DAY OF DECEMBER 2019 / 11TH AGRAHAYANA, 1941** **OP (FC).No.596 OF 2019** **AGAINST OP 39/2017 OF FAMILY COURT, PALAKKAD** ## **PETITIONER/RESPONDENT:** **DARSHANA T P AGED 44 YEARS D/O. T.P. VELAYUDHAN, HOUSE NO.73(7)/343, A.K.G. NAGAR, CANAL ROAD, ANDIMADAM, KADUKKAMKUNNAM POST, PALAKKAD, 678651.** **BY ADVS. SHRI. ANOOP KRISHNA SMT.JENNY THANKAM** ## **RESPONDENT/PETITIONER** ## **JAYASANKAR** **AGED 51 YEARS, S/O. P.R SANKUNNI, REVATHY, PONNU VEETTIL LINE, THIRUVAMBADI POST, PATTURAYAKKAL, THRISSUR DISTRICT-680022.** **R1 BY ADV. SRI.RAVI KRISHNAN** **THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON 02.12.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **OP (FC).No.596 OF 2019** **2** ## **JUDGMENT** **Dias,J.** **The above original petition is filed under Article 227 of the Constitution of India by the respondent in O.P. No.39/2017 of the Family Court, Palakkad, seeking expeditious disposal of the O.P No.39/2017.** **2. By order dated 18.10.2019. on consensus by the petitioner and the respondent,they were referred for mediation to the Mediation Centre attached to the High Court of Kerala. 3. The Mediator by report dated 8.11.2019 has reported that the petitioner and the respondent have** **OP (FC).No.596 OF 2019** **3** **settled all their disputes and have executed a Memorandum of agreement on 8.11.2019. The Memorandum of Agreement is signed by both the parties and counter-signed by their counsel,** **enumerating the terms of compromise.** **4. In accordance with the terms of compromise, the petitioner and the respondent have filed I.A No.1/2019, a joint petition, under Section 13B of the Hindu Marriage Act, seeking to dissolve their marriage solemnised on 10.5.1998,** **by a decree of divorce on mutual consent. They have also filed independent affidavits supporting the joint petition. The parties have also filed I.A No.2/2019, seeking to waive the statutory period of six months to consider the joint petition, immediately.** **OP (FC).No.596 OF 2019** ## **4** **5. On going through the affidavits filed by the petitioner and the respondent, it is seen that they were married on 10.5.1998 at Sree Krishna Temple, Guruvayoor and separated on 6.12.2016, which is now more than three years. They have categorically stated that there is no collusion between them in filing the joint petition and that there is no chance of any rapprochement.** **6. Pursuant to the direction of this Court, the petitioner and the respondent were present in court. We have interacted with them and they have emphatically stated that they have settled all their marital disputes and that they are convinced that they cannot continue with the marital relationship. We have also convinced that they have** **OP (FC).No.596 OF 2019** **5** **executed the joint petition on their own free will and volition.** **7. Taking into consideration the fact that O.P. No.39/2017 is pending before the Family Court, Palakkad since 2017 and the parties have filed I.A No.1/2019 to dissolve their marriage by a decree of divorce on mutual consent and the law declared by the Hon'ble Supreme Court in** _**Amardeep Singh v. Harveen Kaur [(2017) 8 SCC 746], we are**_ **convinced that the statutory period of six months can be waived and the marriage between the petitioner and the respondent can be dissolved by decree of divorce on mutual consent under Section 13B of the Hindu Marriage Act.** **8. In the result, the original petition is disposed of as follows:** **OP (FC).No.596 OF 2019** **6** **1. I.A No.2/2019 in O.P.(FC) No.596 is allowed, and the statutory waiving period of six months is waived to consider I.A No.1/2019, a joint petition filed under Section 13B of the Hindu Marriage Act.** **2. I.A No.1/2019 in O.P(FC)596/2019 is allowed and the marriage between the petitioner and respondent solemnised on 10.5.1998 is dissolved by a decree of divorce under Section 13B of the Hindu Marriage Act.** **3. The Memorandum of Agreement dated 8.11.2019 executed by the petitioner and the respondent is recorded and shall form a part of this judgment.** **4. The parties are directed to comply with the terms and conditions mentioned in the Memorandum of Agreement.** **OP (FC).No.596 OF 2019** **7** **5. The parties are directed to bear their respective costs.** **Sd/-K.HARILAL, JUDGE** **ma/02/12/2019** **Sd/- C.S.DIAS, JUDGE** ## **/True copy/** **P.S to Judge** **OP (FC).No.596 OF 2019** **8** **OP (FC).No.596 OF 2019** **9** ## **APPENDIX** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE OP FOR DIVORCE UNDER SECTION13(1) (IA) OF THE HINDU MARRIAGE ACT.** **EXHIBIT P2 TRUE COPY OF THE PETITION IN IA NO.1324/2019 IN OP NO.39/2017 ON THE FILE OF THE FAMILY COURT, PALAKKAD.** **EXHIBIT P3 A TRUE COPY OF THE ORDER DATED 3.08.2019 IN IA NO.1324/2019 IN O P. NO.39/2017 ON THE FILE OF THE FAMILY COURT, PALAKKAD.**