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2023 Supreme(Ker) 281

ANIL K. NARENDRAN, P. G. AJITHKUMAR
Jayaraj R. – Appellant
Versus
Kavya G Nair – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: K.Kusumam, K.Kalesh, R.S.Rejitha, P.T.Mary Achuthan K.
For the Respondent: Sabu S. (Kallaramoola) Leejoy Mathew.V.(K/1005/2003)

JUDGMENT :

Anil K. Narendran, J.

The appellant is the 1st petitioner in O.P.No.2351 of 2019 on the file of the Family Court, Thiruvananthapuram, a joint petition filed by the appellant-husband along with the respondent herein-wife, under Section 13B of the Hindu Marriage Act, 1955, seeking a decree of divorce by mutual consent to dissolve the marriage solemnised between them on 26.05.2010 at Crown Auditorium, Kallumkadavu, Pathanapuram, in accordance with the customary rites and ceremonies. When that original petition came up for consideration, the respondent herein filed a memo dated 12.04.2021, withdrawing her consent for a decree of divorce by mutual consent. On 22.04.2021, the Family Court noticed that the 2nd petitioner, i.e., the respondent herein, has withdrawn her consent and filed a memo. The 1st petitioner-husband was absent. Further, the parties were continuously absent. Therefore, the Family Court dismissed O.P.No.2351 of 2019 by the judgment and decree dated 22.04.2021. Feeling aggrieved, the appellant is before this Court in this appeal, invoking the provisions under Section 19(1) of the Family Courts Act, 1984.

2. On 28.06.2022, when this appeal came up for admission, t

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