JUDGMENT

Anil K. Narendran, J.

Since common issue is raised, these appeals are heard together and are being disposed of by this common judgment.

2. Mat.Appeal No.63 of 2021:- The appellant is the respondent in O.P.(HMA)No.222 of 2017 on the file of the Family Court, Mavelikkara, which is one filed by the respondent herein-husband seeking a decree of divorce on the grounds of desertion and cruelty. By the judgment and decree dated 30.11.2020, the Family Court allowed O.P.(HMA)No.222 of 2017 and granted a decree of divorce, whereby the marriage solemnised between the petitioner and the respondent on 30.12.2007 is dissolved under Section 13(1) (ia) of the Hindu Marriage Act. Challenging the said judgment and decree, the appellant is before this Court in this appeal, invoking the provisions under Section 19(1) of the Family Courts Act, 1984.

2.1. On 25.01.2021, when this matter came up for admission, this Court admitted the matter on file and issued notice to the respondent by speed post. By the order dated

07.05.2021 in I.A.No.1 of 2021, this Court stayed the impugned judgment for a period of three months.

3. Mat.Appeal No.86 of 2021:- The appellant filed O.P.

(Others)No.1267 of 2017 before the Family Court, Mavelikkara against the respondent herein-husband, for return of gold ornaments. The said original petition ended in dismissal by the judgment and decree dated 30.11.2020, which is under challenge in this appeal filed under Section 19(1) of the Family Courts Act, 1984.

3.1. On 02.02.2021, when this appeal came up for admission, this Court issued consolidated notice to the respondent in the appeal and also in I.A.No.1 of 2021. By the order dated 07.05.2021, this Court admitted the matter on file and granted an interim order in I.A.No.1 of 2021, whereby conditional attachment of the petition schedule property was granted, and the respondent was directed to furnish security for an amount of Rs.6,93,000/-.

4. During the pendency of these matters, the parties were referred for mediation.

5. On 02.08.2022, when these appeals came up for consideration before another Division Bench, the following order was passed;

“In the light of the settlement arrived at between the parties, we direct the Sub Registrar, Bharanikkavu, to register the document executed by the respondent herein, Ajayan, in favour of his children, Athira Ajayan and Anaswara Ajayan, notwithstanding the attachment effected over the property by the orders of this Court. It is made clear that this is only for the purpose of registering the settlement deed, not for any other purpose. We direct the parties to appear before this Court on 23.8.2022.”

6. On 19.09.2022, when these appeals came up for consideration, the parties were personally present in Court. The learned counsel on both sides submitted that the matter has already been settled in mediation and the parties have entered into a memorandum of agreement dated 18.05.2022. In terms of that agreement, a settlement deed has already been executed. However, the registered document is yet to be obtained by the appellant-wife. Therefore, the matter was adjourned, dispensing with the personal appearance of the parties.

7. On 27.10.2022, when these appeals came up for further consideration, the learned counsel on both sides submitted that in terms of the memorandum of agreement, a settlement deed has been executed and registered. Both parties shall file an application for divorce on mutual consent, invoking the provisions under Section 13B of the Hindu Marriage Act, 1955, before the next posting date.

8. Today, when these appeals are taken up for consideration, in Mat.Appeal No.63 of 2021, both parties have filed I.A.No.1 of 2022, a joint application under Section 13B of the Hindu Marriage Act, seeking decree of divorce by mutual consent. The said application is supported by I.A.No.2 of 2022 seeking an order to waive the statutory period of six months provided under Section 13B(2) of the Act. In the said application it is stated that after