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2013 Supreme(Online)(KER) 28542

HIGH COURT OF KERALA
PIUS C.KURIAKOSE, P.D.RAJAN, JJ
SURESH BABU – Appellant
Versus
RANIKUTTY.K.N. – Respondent


Advocates:
SRI.C.S.RAMANATHAN, SRI.K.B.GANGESH, SMT.SMITHA CHATHANARAMBATH

JUDGMENT

Pius C.Kuriakose, Read our order dated 25/2/2013. It is submitted by Sri.C.S.Ramanathan learned counsel for the petitioner that Suresh Babu, the petitioner, is not present before us today. According to him, the petitioner has gone to a temple in connection with a pooja which he had booked several months before.

2. The respondent Sri.Ranikutty is present. We interacted with her. She told us that though it is true that she and the petitioner- her husband jointly filed a petition under Section 13B of the Hindu Marriage Act , she is not interested in getting her marriage with the petitioner is dissolved by a decree of divorce.

3. According to us, if the respondent is not interested in getting divorce by mutual consent on the strength of the joint petition filed by her and the petitioner, the petitioner can inform the Family court. We are sure that the court will be posting the joint petition on a date not earlier than six months after the filing of the joint petition (5/6/2012).

4. Under the above circumstances, we dispose of this original petition directing the Family Court, Thrissur to post Ext.P1 O.P. for enquiry on 9/12/2013. The court should peremptorily direct the petition

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