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2015 Supreme(Ker) 1146

C.K.ABDUL REHIM, MARY JOSEPH
Blessy Varghese Edattukaran – Appellant
Versus
Sonu – Respondent


Advocates:
Advocate Appeared:
For the Appellant : T.N. Manoj
For the Respondents: Suman Chakravarthy

JUDGMENT :

C.K. Abdul Rehim, J.

1. An intrinsic legal question arises in the above case as to whether the duty cast upon the Family Courts to make efforts for settlement through counselling is mandatory in cases of joint petitions for dissolution of marriages filed either under S. 13B of the Hindu Marriage Act, 1955 or under S. 10A of Indian Divorce Act, 1869. The petitioner herein is the wife of the respondent. They jointly filed O.P. No. 50/2015 before the Family Court, Irinjalakuda seeking dissolution of the marriage, under S. 10A of the Indian Divorce Act, 1869. At that time of filing the Original Petition the respondent/husband was employed abroad. Shortly after filing of the case the petitioner/wife also got employment as a Nurse in Kuwait. Since the petitioner had to join duty at Kuwait on or before 29.04.2015, she filed an application before the Family Court to advance the posting of the case, along with another interim application seeking permission to allow her to undergo counselling independently. Ext. P2 is the application filed for permitting independent counselling, as I.A. No. 810/2015. The respondent has not raised any objection to the said application. But the learne








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