C.P.ABHILASH v. PARVATHY RENJITH

BY ADVS. SRI.PIRAPPANCODE V.S.SUDHIR SRI.S.GOPAKUMARAN NAIR (SR.) SRI.B.UNNIKRISHNA KAIMAL, SR.GP THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION ON

03.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MAT.APPEAL NO.67 OF 2014 -: 2 :- JUDGMENT Dated this the 3 rd day of January, 2024 Anu Sivaraman, J. This Mat Appeal is preferred against the judgment dated

21.10.2013 of the Family Court, Thiruvananthapuram in O.P. No.1822/2011. The O.P. was filed by the husband seeking divorce on the ground of cruelty, which was dismissed by the judgment under appeal. There are two children born in the wedlock, who were presently aged 17½ and 16½ respectively.

2. We have heard the learned counsel appearing on either side. We have also interacted extensively with the appellant as well as the 1st respondent and the two children, Pavan Abhilash and Jeevan Abhilash. We have also perused the materials on record including the report and additional report of the Child Welfare Committee.

3. We notice that the parties are not able to reconcile their differences and do not wish to live together as husband and wife. We also notice that the parties have filed a joint application (I.A. No.3/2023) for divorce by mutual consent under Section 13-B of the Hindu Marriage Act, 1955 read with Section 7 of the Family Court Act, 1984. The application was filed on 9.11.2023. It is specifically stated in the petition that the parties are living separately since MAT.APPEAL NO.67 OF 2014 -: 3 :-

16.3.2010. The parties have also informed us in person that there has been no cohabitation between them for several years and that there is point in attempting any reconciliation as the marriage has broken down irretrievably. I.A. No.4/2023 has also been filed seeking to waive the waiting period of six months for passing a decree of divorce by mutual consent.

4. Having interacted with the parties at length, we also find that there is no point in attempting any reconciliation between the parties since the differences between them are too great for any such attempt. The children are presently in the custody of their mother and have expressed their wish to continue in her custody. In the above view of the matter, we are of the opinion that no further orders are required in this Mat Appeal apart from considering the application for grant of divorce by mutual consent under Section 13-B of the Hindu Marriage Act. This appeal, being a continuation of the proceedings under the Family Courts Act, we are of the opinion that the parties do not have to be now relegated to the Family Court for consideration of the application. Having considered the contentions of the parties and in view of the submissions made by the parties to the marriage directly before us, we are convinced that this is a fit case where a decree of divorce by mutual consent can be granted. We, therefore, deem it appropriate MAT.APPEAL NO.67 OF 2014 -: 4 :- to waive the waiting period of six months between the filing of the application for grant of divorce by mutual consent. The marriage between the appellant and the 1st respondent is dissolved by mutual consent. The Mat Appeal is, accordingly, closed. All other matters are left open to be decided in appropriate proceedings. JUDGE Sd/- ANU SIVARAMAN Sd/- C. PRATHEEP KUMAR JUDGE Jvt/3.1.2024 MAT.APPEAL NO.67 OF 2014 -: 5 :- APPENDIX OF MAT.APPEAL 67/2014 PETITIONER ANNEXURES :- Annexure A1 TRUE COPY OF THE TAX RECEIPT OF THE COMMERCIAL PROPERTY SITUATED IN JAGATHI JUNCTION, THIRUVANANTHAPURAM 'THANDAPER No.12505'. Annexure A2 INCOME TAX RETURNS OF THE PETITIONER FOR THE PERIOD 2018-2019. Annexure A3 INCOME TAX RETURNS OF THE PETITIONER FOR THE PERIOD 2019-2020 Annexure A4 THE DETAILS OF VARIOUS PAYMENTS MADE FOR THE CHILDREN IN 2022. Annexure A5 TRUE COPY OF THE ADMISSION CARD FOR THE CBSE EXAMINATION OF MY ELDEST SON PAVAN ABHILASH. Annexure A6 TRUE COPY OF THE SCORE CARD OF PAVAN ABHILASH ISSUED BY THE CBSE. Annexure A7 A TRUE COPY OF THE WRITTEN LETTER DATED 25.07.2023 ISSUED BY THE FATHER IN LAW OF THE PETITIONER Annexure A8 THE COPY OF THE WP (C) NO 19989 OF 2023 DATED 19.6.2023 OF THIS COURT RESPONDENT'S ANNEXURES :- Annexure R1(a) TRUE COPY OF THE CERTIFICATE DATED 13.3.2014 ISSUED BY DR.(MRS)R.ANANDAM, CONSULTANT NEUROLOGIST, PRS HOSPITAL, THIRUVANANTHAPURAM. Annexure R1(b) TRUE COPY OF THE PSYCHOLOGICAL EVALUATION REPORT DATED 14.3.2014 ISSUED BY SRI.A.SREELAL CLINICAL PSYCHOLOGIST MENTAL HEALTH CENTRE, THIRUVANANTHAPURAM. Annexure R1(f) TRUE COPY OF THE PETITION FILED BY THE APPLICANT/RESPONDENT BEFORE THE FAMILY COURT, THIRUVANANTHAPURAM. MAT.APPEAL NO.67 OF 2014 -: 6 :- Annexure R1(g) TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE RESPONDENT/APPELLANT IN O.P.No.1510/2011. Annexure R1(h) TRUE COPY OF THE APPLICATION FILED BY THE APPLICANT/RESPONDENT SEEKING ENHANCEMENT FROM Rs.20,000/- TO Rs.60,000/- TOWARDS HER MAINTENANCE AND FROM Rs.15,000/- TO Rs.50,000/- EACH TOWARDS THE MAINTENANCE OF HER TWO CHILDREN. Annexure R1(i) TRUE COPY OF THE COUNTER AFFIDAVIT, FILED BY THE RESPONDENT/APPELLANT TO ANNEXURE R1(h) Annexure R1(j) TRUE COPY OF THE ORDER DATED 19.3.2014 OF THIS HON'BLE COURT IN THE ABOVE MAT APPEAL. Annexure R1(k) TRUE COPY OF THE INTERIM APPLICATION FILED BY THE APPLICANT/RESPONDENT SEEKING MAINTENANCE BEFORE THE FAMILY COURT, NEDUMANGAD. Annexure R1(l) TRUE COPY OF THE PHOTOGRAPH TAKEN BY THE PETITIONER AND THE RESPONDENT ALONG WITH THEIR CHILDREN, WHILE IN A TOUR IN HOTEL MARRIOT, AT ERNAKULAM ON 29.10.2019. Annexure R1(m) TRUE COPY OF THE PHOTOGRAPH TAKEN BY THE PETITIONER AND THE RESPONDENT ALONG WITH THEIR CHILDREN, WHILE IN A TOUR AT KODAIKANAL ON 31.01.2020. Annexure R1(n) TRUE COPY OF THE PHOTOGRAPH TAKEN BY THE PETITIONER AND THE RESPONDENT ALONG WITH THEIR CHILDREN, WHILE IN A TOUR AT COACKER'S WALK (KODAIKANAL) ON 02.02.2020. Annexure R1(o) TRUE COPY OF THE PHOTOGRAPH OF THE RESPONDENT SHOWING THE INJURY SUSTAINED BY HER THROUGH THE APPELLANT. Annexure R1(p) TRUE COPY OF THE PHOTOGRAPH OF THE FINGER OF THE RESPONDENT SHOWING THE INJURY SUSTAINED BY HER THROUGH THE APPELLANT.