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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. JUSTICE DEVAN RAMACHANDRAN, MRS. JUSTICE M.B. SNEHALATHA, JJ
Aravind R. D/o Rajendran – Appellant
Versus
Anu Vidya Rajendran S/o Rajendran – Respondent
JUDGMENT :
M.B. Snehalatha, J.
1. Mat. A No.784/2023 is an appeal filed by the wife from the judgment and decree of divorce granted by the Family Court, Alappuzha on the ground of cruelty. Mat. A No.729/2023 and Mat. A No.7/2024 have been filed by the parties challenging the judgment and decree in O.P. No. 371/2019 of Family Court, Alappuzha for return of gold ornaments.
2. Today, when these appeals came up for hearing, the learned counsel appearing for both sides submitted that the entire disputes between the parties have been settled and a joint petition has been filed before this Court.
3. We have examined the joint petition and we notice that it has been signed by the parties and subscribed by their counsel. The terms of the joint petition are lawful and therefore, the settlement arrived at by the parties is accepted.
4. During the pendency of the appeal, in view of the settlement arrived at by the parties, appellant and respondent have filed a petition under Section 13B of the Hindu Marriage Act, 1955 for dissolution of marriage by mutual consent, wherein they have stated that they have mutually agreed and decided for dissolution of marriage voluntarily; that there is no collusion
Mutual consent divorce under Section 13B of the Hindu Marriage Act is valid when parties demonstrate irretrievable breakdown of marriage without collusion or fraud.
Mutual consent divorce under Section 13B of the Hindu Marriage Act granted when parties affirm irretrievable breakdown.
The court established that mutual consent for divorce under the Hindu Marriage Act requires separation of over one year, and an agreement to divorce does not negate prior separation if no cohabitatio....
Marriage can be dissolved by mutual consent between spouses.
An appeal against a consent decree under Section 13-B of the Hindu Marriage Act, 1955 is maintainable, and the court's involvement in decision making in the consent decree is crucial.
Mutual consent under Section 13(B) of the Hindu Marriage Act must be continuous until decree issuance; absence of one party negates consent and justifies application dismissal.
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