K.T. Sankaran, J.

The appellant and the respondent filed an application under Section 13B of the Hindu Marriage Act before the Family Court, Thiruvalla. The Family Court numbered the case as O.P. (HMA) No.461 of 2004. Six months after the filing of the Original Petition, both parties were present before the Family Court and they wanted a decree of divorce to be passed. 24.6.2005, the Family Court passed the following order.

“Both are present. The 1st petitioner is at present known to be living with another lady and is having two children in that relation. 2nd petitioner does not want to remarry. 1st petitioner is not paying any amount for the maintenance of 2nd petitioner also and that it appears that petition is a collusive one. Hence O.P. dismissed.”

2. The order passed by the Family Court on 24.6.2005 is under challenge in the Matrimonial Appeal.

3. The respondent/wife filed an affidavit dated 1.7.2011 and an application to dispose of the appeal at the earliest. In paragraph 2 and 3 of the affidavit, the respondent stated thus:

“2. The present appeal was filed against the dismissal of a petition for divorce filed under section 13B of the Hindu Marriage Act. The mari