Praseetha v. Sobish P.S.

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: K. Harilal
C. S. Dias
Judgment Date: 2020-01-27
Court Decision / Holding: The court allowed I.A No.2/2020 and, considering the memorandum of settlement, allowed I.A No.1/2020, and dissolved the marriage between the appellant and respondent by a decree of divorce under Section 13B of the Hindu Marriage Act, 1955, solemnised on 20.12.2012.
Final Disposition: Mat.Appeal allowed; decree of divorce granted dissolving the marriage.

Parties to the Case

Appellants / Petitioners

PRASEETHA AGED 28 YEARS D/O. KUNJANDY K.A. KUTTY, LOKAMALESWARAM VILLAGE, KODUNGALLUR TALUK AND P.O , ASAN NAGAR, PIN-680 664

Respondents

SOBISH P.S. AGED 30 YEARS S/O. PUTHUVEETTIL SOMAN, CHENTRAPINNI P.O., ESATHIRITHI VILLAGE, KODUNGALLUR TALUK, PIN- 680 687

Legal Representation & Advocates

Counsels for Petitioners

• Sri. C. D. Dileep

Counsels for Respondents

• Sri. K. I. Sageer

Case Synopsis & Summary

This matrimonial appeal challenges a Family Court judgment that dismissed O.P. No.147 of 2015 filed for divorce. The matter came before the Kerala High Court, Ernakulam, for disposal by mutual consent following mediation. The Mediation Centre report dated 28 November 2019 concluded a settlement between the spouses, and a memorandum of settlement was executed and countersigned by their counsel. Pursuant to the settlement, the parties filed I.A No.1/2020 under Section 13B of the Hindu Marriage Act for a decree of divorce by mutual consent, and I.A 2/2020 to waive the statutory six-month waiting period, contending continued separation. The court, noting that the parties had lived separately for more than five years, and relying on Amardeep Singh v. Harveen Kaur (2017) 8 SCC 796, held that the waiting period could be waived in view of exceptional circumstances. On 27 January 2020, after interviewing the appellant and respondent in person and finding their consent voluntary and free from coercion, the court allowed I.A 2/2020 and, based on the memorandum of settlement, allowed I.A 1/2020, dissolving the marriage by a decree of divorce under Section 13B of the Hindu Marriage Act, 1955. The appeal is therefore allowed, culminating in a decree of divorce as per the settlement.

Provisions of Law Cited

Section 13B of the Hindu Marriage Act, 1955

Submissions & Arguments

Contentions of Appellants / Petitioners

The applicants sought dissolution of their marriage by mutual consent under Section 13B Hindu Marriage Act, based on a settlement arrived at through mediation, memorialized in a memorandum dated 28.11.2019. They filed I.A No.1/2020 for mutual divorce and I.A 2/2020 to waive the six-month waiting period, asserting more than five years of separation and asserting that there is no possibility of reconciliation; they stated the consent is voluntary and free of coercion.

Contentions of Respondents

The respondents joined in the mutual consent framework, supported by the memorandum of settlement, and stated that all disputes have been amicably settled with no likelihood of reunion; they supported granting a divorce by mutual consent under Section 13B and the waiver of the waiting period as requested.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Amardeep Singh v. Harveen Kaur	(2017) 8 SCC 796	Positive	The court relied on this decision to justify waiver of the six-month waiting period under Section 13B in the context of long-standing separation and voluntary mutual consent.

Extracted Judgment Text

Exact text extracted from official judgment records.

# **IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT** **THE HONOURABLE MR.JUSTICE K.HARILAL** ## **&** **THE HONOURABLE MR.JUSTICE C.S.DIAS** **MONDAY, THE 27TH DAY OF JANUARY 2020 / 7TH MAGHA, 1941** **Mat.Appeal.No.1105 OF 2018** # **AGAINST THE JUDGMENT IN OP 147/2015 OF FAMILY COURT, IRINJALAKUDA** ## **APPELLANT/PETITIONER IN O.P.147/2015:** **PRASEETHA AGED 28 YEARS D/O. KUNJANDY K.A. KUTTY, LOKAMALESWARAM VILLAGE, KODUNGALLUR TALUK AND P.O , ASAN NAGAR, PIN-680 664** **BY ADV. SRI.C.D.DILEEP** ## **RESPONDENT/RESPONDENT IN O.P.147/2015:** **SOBISH P.S. AGED 30 YEARS S/O. PUTHUVEETTIL SOMAN, CHENTRAPINNI P.O., ESATHIRITHI VILLAGE, KODUNGALLUR TALUK, PIN- 680 687** **R1 BY ADV. SRI.K.I.SAGEER** **THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION ON 27.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **Mat.Appeal.No.1105 OF 2018** **-2-** ## **JUDGMENT** ## **Dias,J.** This Mat.Appeal is filed by the petitioner in O.P. No.147/2015 on the file of the Family Court, Irinjalakuda challenging the judgment dated 21.3.2017 dismissing the original petition filed by him seeking a decree of divorce. 2. When the appeal came up for hearing, on the submission made by the counsel for the parties, the appellant and the respondent were referred for mediation before the Mediation Centre, High Court of Kerala. 3. The mediator by report dated 28.11.2019 has reported that the subject matter in issue between the parties has been settled. The memorandum of settlement agreement executed by the appellant and the respondent dated 28.11.2019, and counter-signed by the respective counsel, is attached with the memorandum of settlement agreement. **Mat.Appeal.No.1105 of 2018 & I.A Nos.1 & 2 of 2020** **3** 4. As per the terms of the memorandum of settlement agreement, the appellant and the respondent have filed I.A No.1/2020 to dissolve their marriage solemnised on 20.12.2012 by a decree of divorce, on mutual consent under Section 13B of the Hindu Marriage Act. They have also filed I.A 2/2020 to waive the statutory waiting period of six months to consider I.A No.1/2020. 5. In the affidavit accompanying I.A 2/2020, it is averred that the appellant and the respondent are living separately for the last more than five years. This Mat.Appeal is pending before this court since 22.11.2018. Taking into consideration the fact that the couple is living separately for the last five years and this appeal is pending for nearly 1 ½ years before this Court, we are convinced that the statutory waiting period of six months can be waived in view of the decision in Amardeep Singh v. Harveen Kaur [(2017) 8 SCC 796]. Hence I.A No.2/2020 is allowed. ## **Mat.Appeal.No.1105 of 2018 &** **I.A Nos.1 & 2 of 2020** **4** 6. In light of allowing I.A No.2/2020, we have taken up I.A 1/2020. The appellant and the respondent have filed independent affidavits along with the application filed under Section 13B of the Hindu Marriage Act, wherein they have mentioned that there is no further chance of a rapprochement between the appellant and the respondent. 7. Pursuant to the direction of this court, the appellant and the respondent were personally present before this Court on 27.1.2020. We interacted with them. Both the appellant and the respondent empathetically stated that all disputes between them have been amicably settled, and that there is no chance for a reunion. We are convinced that the application is filed on their own free will and volition, and that their consent has not been obtained by any force or compulsion. In view of the averments in the affidavit accompanying I.A No.1/2020 and in light of the **5** **Mat.Appeal.No.1105 of 2018 &** **I.A Nos.1 & 2 of 2020** memorandum of settlement agreement dated 28.11.2019, we allow I.A No.1/2020 and dissolve the marriage between the appellant and the respondent, by a decree of divorce under Section 13B of the Hindu Marriage Act. The appeal is allowed in light of the orders in I.A No.1/2020 and a decree of divorce is granted dissolving the marriage between the appellant and respondent solemnised on 20.12.2012. Sd/- **K.HARILAL, JUDGE** ma/28/1/2020 Sd/- **C.S.DIAS, JUDGE** ## **/True copy/** **P.S to Judge** **Mat.Appeal.No.1105 of 2018 &** **I.A Nos.1 & 2 of 2020** **6**