IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN &

THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR WEDNESDAY, THE 7^TH DAY OF FEBRUARY 2024 / 18TH MAGHA, 1945 OP (FC) NO. 66 OF 2024 AGAINST THE ORDER/JUDGMENT OP 1164/2023 OF FAMILY COURT, MUVATTUPUZHA PETITIONER/S:

JACOB VARGHESE AGED 71 YEARS S/O T.V. JACOB, THACHERIL HOUSE, KUTTISSERY VILLAGE, MANNER KARA, ERAMATHOOR P.O CHENGANOOR TALUK, ALAPPUZHA, PIN - 689622 BY ADVS.

K.N.RADHAKRISHNAN(THIRUVALLA)

AMRUTHA KALYANI P.

RESPONDENT/S:

TISSY JOSEPH AGED 51 YEARS D/O JOSEPH ,RESIDING AT OLIMALAYIL HOUSE ,ELEMBARA, THRIKKARIYOOR VILLAGE KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT., PIN - 689110 BY ADVS.

DINESH THANKAPPAN R.REJI (ATTINGAL)(K/1471/2003)

OTHER PRESENT:

SRI.DINESH THANKAPPAN-

THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 07.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 7^th day of February, 2024 Anu Sivaraman, J Learned counsel for the respondent enters appearance.

Service complete.

2. Heard the learned counsel for the parties. It is submitted by the learned counsel appearing on either side that the marriage between the parties has been broken down and that they have filed, Ext.P1 petition for dissolution of marriage by mutual consent. Ext.P3 application for waiver of the statutory period of 6 months has also been filed on 03.01.2024. It is submitted that the parties have lived together only for six days and that there is absolutely no collision between the parties and they are unable to live together since the marriage has broken down irretrievably and are desirous of dissolving the marriage between them. It is submitted that the parties are living separately and there are no issues in the wedlock and that the application for waiver is therefore to be considered at the earliest.

3. Having heard the learned counsel on either side, there will be a direction to the Family Court to immediately take up and consider Ext.P3 application submitted for waiver of the statutory period, as also Ext.P1 petition filed for dissoving the marriage by mutual consent. Appropriate steps shall be taken within a period of 3 weeks from the date of receipt of a copy of this judgment.

This OP(FC) is thus ordered.

sd/-

ANU SIVARAMAN JUDGE sd/-

C.PRATHEEP KUMAR JUDGE Nsd APPENDIX OF OP (FC) 66/2024 PETITIONER EXHIBITS Exhibit P1 THE COPY OF THE O.P NO. 1164/2023 OF FAMILY COURT, MUVATTUPUZHA, DATED

04/12/2023 Exhibit P2 THE COPY OF THE MEDIATION AGREEMENT OF THE FAMILY COURT MUVATTUPUZHA , IN OP 228/2023 AND CONNECTED CASE DATED 12/10/23 Exhibit P3 THE COPY OF IA 2/2024 IN O.P 1164/2023 OF THE FAMILY COURT MUVATTUPUZHA DATED

03/01/2024