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2018 Supreme(Ker) 670

Tomy Joseph S/o. Joseph – Appellant
Versus
Smitha Tomy D/o. Xavior M Sebastian – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri.P.B.Krishnan Adv.

JUDGMENT :

R.NARAYANA PISHARADI, J.

1. The petitioner is the husband and the respondent is the wife.

2. The petitioner and the respondent jointly filed O.P.No.1636/2018 in the Family Court, Thrissur under Section 10A of the Divorce Act, 1869 for granting a decree of divorce on the basis of mutual consent. The petitioner filed an application as I.A.No.4728/2018 for waiving the 'cooling period' of six months. As per Ext.P4 order, the Family Court dismissed the aforesaid application. Ext.P4 order is under challenge in this Original Petition filed under Article 227 of the Constitution of India.

3. We have heard learned counsel for the petitioner and also the respondent.

4. The petitioner and the respondent are Christians. Their marriage was solemnised on 29.12.1999 in a church as per religious ceremonies. They are living separately from 09.01.2016 onwards. On 10.09.2018, they jointly filed O.P.No.1636/2018 in the Family Court under Section 10A of the Divorce Act, 1869. The application I.A.No.4728/2018 was filed by the petitioner on 27.09.2018 for waiving the cooling period of six months.

5. Ext.P4 order passed by the Family Court, dismissing the application I.A.No.4728/2018 filed by the peti




























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