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2021 Supreme(Online)(KER) 39857

JISS MARY JOHN – Appellant
Versus
JOHN P. VARGHESE – Respondent


Advocates:
['MATHEW A KUZHALANADAN', '', 'ANITHA MATHAI MUTHIRENTHY', 'SRI A T ANILKUMAR', '', 'SMT V SHYLAJA']

JUDGMENT

Dated this the 26th day of March 2021 A.Muhamed Mustaque, J.

This Mat. Appeal arises from the dismissal of a divorce petition filed by the appellant under Section 10(1)(X) of the Divorce Act, 1869. Pending appeal, the parties were referred for mediation. In the mediation, the parties settled all their disputes and agreed for a divorce by mutual consent. The report of the mediator along with the settlement arrived at between the parties are on board. The parties also filed a joint petition for divorce on mutual consent.

2. We interacted with the parties through videoconferencing. The respective counsel identified the parties. They affirm the stand for the separation of marriage by mutual consent.

3. The parties are living separately for a long period. The appellant filed the divorce petition in the year 2015.

Taking note of the above aspect, we waive the cooling off period. In the light of the mutual consent, we dissolve the marriage between the appellant and the respondent solemnized on 12.9.2004 by a decree of divorce. The mediation settlement agreement will form part of the judgment. The parties shall follow the settlement agreement in regard to the other terms in the agreeme

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