The court affirmed the dissolution of marriage by mutual consent under the Divorce Act without coercion, highlighting the breakdown of the marital relationship.

Mat.A No.404 0F 2024 2025 : KER: 75588 IN THE HIGH CotJRT OF RERALA AT ERNAKULZD4 PRESENT THE HONouRABLE MR. JusTlcE DEVAN RZDmcHANDRZDt &

THE HONouRABLE nms. dusTlcE M.B. SNEHAIATHA FRIDAY, THE 10TH DAY OF OCTOBER 2025 / 18TH ASWINA, 1947 RAT.APPEAL NO. 404 0F 2024 AGthINST THE t]uDGD4ENT IN op NO.1879 0F 2018 oF FaMIL¥

C0tJRT , ERNAKULAM APPEliLZENT / RE S PONDENT :

SHEEIA JOY AGED 34 YEARS D/O. JOY , ITTANTHOTTIL, :VUMUKAL , THURUTHIKKARA, MUILANTHURUTHI, ERNAKuliAM. , PIN - 682314 BY ADV SMT.ASHA BABU RESPONDENT/PETITIONER:

PRINCE Eney AGED 40 YEARS S/O BABY , MuliEPPANATHIIi , EDAKKATTtJVA¥AI , ARAKKunINAM, ERNAKulLAM DIRSTRlcT„ plN - 682313 By revs.

SHRI. sENTIIOsH PETER (MAMrmyIL) 6`

SRI . P . N . ANOOP Sln. SINDHUMOL c.R.

SRI .M. s . sANDEEp stmHAKARzana SHRI. DOBIN GRACE THorns THls mTRIMONIAL AppEAI[ HAvlNG conE up FOR HEARING oN

10.10.2025, THE COURT ON THE SAME DAY DElilvIRED THE FOLLOWING:

Mat.A No.404 0F 2024 2025 : KER: 75588 DEVAN RAMACHANDRAN & M.B.SNEHALATHA, JJ.

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Mat.Appeal No.404 0F 2024

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Dated this the loth October, 2025 JUDGMENT M.B.Snehalatha, J Mat.A No.404/2024 is an appeal filed by the appellant/wife challenging the decree of divorce granted by the Family Court, Ernakulam under Section 10 (1)(vii) of the Divorce Act , 1869.

2. Today, when this appeal came up for hearing, the learned counsel appearing for both sides submitted that the entire disputes i`

between the parties have been settled in the mediation held under the aegis of Mediation Centre, Ernakulam and a memorandum of agreement has been filed before this Court.

3. We have examined the memorandum of agreement and we notice that it has been signed by the parties and subscribed by their counsel. The terms of the agreement are lawful and therefore, the settlement arrived at by the parties is accepted.

4. In view of the settlement arrived at by the parties, appellant and respondent have filed a petition under Section 10A of the Divorce Act , 1869 for dissolution of in.arriage by mutual consent, Mat.A No.404 0F 2024 2 0 2 5 : KER : 7 5 5 8 8 wherein they have stated that they have mutually agreed and decided dye for dissolution of marriage voluntarily. Further it is stated that there is no collusion in filing the petition under Sect`ion 10A of the , I

1869; that the spouses are living separately from 29.6.2018 onwards; and there is no marital relationship between them and therefore, they seek divorce by mutual consent.

5. Both parties have affirmed that the entire disputes between the parties have been settled in terms of the joint petition filed by the parties.

6. We are convinced that the marriage between the spouses has been irretrievably broken down and they are living separately from `, 2018 onwards and there is no possibility of reunion and divorce is the viable option and all the attempts of reunion have been failed. We are also convinced that the parties have voluntarily filed the petition under Section 10A of the Divorce Act , 1869 and there is no collusion between the parties and this Court is satisfied that the consent was not obtained through fraud or coercion.

7. We are 'of the view tha*t this is a fit case I:o grant divorce by mutual consent on the application filed iunder Section 10A of the Divorce Act , 1869 by waiving the ,cooling off period as t:he marriage is irretrievably broken.

8. Accordingly, I.A.No.2/2025 filed under Section 10A of the Mat.A No.404 0F 2024 2025 : KER: 75588 Divorce Act , 1869 is allowed and Mat.A No.404/2024 stands disposed of. The judgment and decree of Family Court, Ernakulam in O.P.No.1879/2018 granting divorce on the ground of cruelty is hereby set aside.

9. The marriage between the appellant and the respondent