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2025 Supreme(Online)(Ker) 48361
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Devan Ramachandran, M.B. SNEHALATHA, JJ
BENZINE SYLVESTER – Appellant
Versus
SIBIN ISLIN KOCHUPARAMBIL – Respondent
MAT.APPEAL NO. 434 OF 2020 | MAT.APPEAL NO. 442 OF 2020 | MAT.APPEAL NO. 460 OF 2020
For the Appellants/Petitioners: P.B. KRISHNAN (SR.), P.B. SUBRAMANYAN, SABU GEORGE, MANU VYASAN PETER, MEERA P.
For the Respondents: S.S. SREEKUMAR (SR.), P. MARTIN JOSE, P. PRIJITH, THOMAS P. KURUVILLA, AJAY BEN JOSE, MANJUNATH MENON, HANI P. NAIR, R. GITHESH, HARIKRISHNAN S.
Divorce by mutual consent granted where parties demonstrate irretrievable breakdown without collusion under the Divorce Act.
Headnote:The judgment addresses Mat.Appeals challenging the Family Court's decree, where the parties reached a mediation settlement. The Court accepted this lawful agreement under Section 10A of the Divorce Act, 1869, concluding the marriage was irretrievably broken. The Court noted the mutual consent for divorce due to the absence of collusion, allowing proceedings under the Divorce Act. The relief was granted effective immediately with the dissolution of marriage documented within the memorandum of settlement.
| Table of Content |
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| 1. facts of appeals and mutual agreement. (Para 1 , 2 , 4 , 5) |
| 2. court's acceptance of mediation and lawful agreement. (Para 3 , 6 , 7) |
| 3. concluding decree for divorce and binding agreement. (Para 8 , 9 , 10 , 11) |
JUDGMENT
M.B.Snehalatha, J These Mat.Appeals are preferred by the appellant/husband challenging the judgment and decree in O.P.Nos.578/2014, 1772/2012 and 1246/2016 of Family Court, Thiruvananthapuram.
2. Today, when these appeals came up for hearing, the learned counsel appearing for both sides submitted that the disputes between the parties have been settled in the mediation held under the aegis of Mediation Centre, Ernakulam and a memorandum of settlement agreement has been filed before this Court.
3. We have examined the memorandum of settlement 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 marriage by mutual consent, wherein they have stated that they have mutually agreed and decided for dissolution of marriage voluntarily. Further it is stated that there is no collusion in filing the petition under of the , 1869; that the spouses are living separately from December, 2012 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 December 2012 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 that this is a fit case to grant divorce by mutual consent on the application filed under Section 10A of the Divorce Act , 1869 by waiving the cooling off period as the marriage is irretrievably broken.
8. Accordingly, I.A.No.1/2025 filed under Section 10A of the Divorce Act , 1869 is allowed. Mat.A No.460/2020 is disposed of by granting a decree of divorce by mutual consent under of the , 1869 with effect from this date.
9. Mat.A No.434/2020 and Mat.A No.442/2020 stands disposed of recording the terms of memorandum of settlement agreement.
10. The parties are directed to act implicitly in terms of the memorandum of settlement agreement.
11. The memorandum of settlement agreement and joint petition do form part of the judgment.
