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2012 Supreme(Ker) 631

M.L.JOSEPH FRANCIS, K.T.SANKARAN
Gijoosh Gopi, Alappuzha – Appellant
Versus
S. Sruthi, Alappuzha – Respondent


Appearing Advocates:
For the Petitioner:Rinny Stephen Chamaparampil, Asha Elizabeth Mathew, Advocates. For the Respondent:P. Subramodam, Jawahar Jose, Advocates.

JUDGMENT :-

K.T. Sankaran, J.

1. The marriage between the petitioner and the respondent was solemnized on 24.4.2012. The parties are Hindus. On the date of marriage itself, they realized that they could not continue the marital relationship. The respondent expressed the view that she was not willing for the marriage and she wanted to marry another man. She also stated that she agreed for the marriage only due to the compulsion on the part of her parents. The marriage was not consummated. Mediators intervened. On 31.5.2012, an agreement was executed between the parties in the presence of the representatives of SNDP Sakhas in which the parties are members. On the same day, viz., 31.5.2012, the parties filed a petition under Section 13B of the Hindu marriage Act, 1955 (for short, ‘the Act’) before the Family Court, Alappuzha. Since the application was filed before the expiry of the period of one year from the date of marriage, they filed an application under the proviso to Section 14 of the Act to allow them to present the petition under Section 13B before the expiry of one year since the date of marriage. In the affidavit, the facts and circumstances were explained in detail. It was a














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