REMA MENON Vs. K P VINOD

JUDGEMENT

(1.) This appeal is preferred by the appellant/wife aggrieved by the dismissal of her claim for divorce under Section 13 of the Hindu Marriage Act on the ground of cruelty.

(2.) During the pendency of the appeal, the parties have settled all their outstanding disputes. I.A.No.1330 of 2010 has been filed before this Court on 06.04.2010. That is a joint application for dissolution of marriage by mutual consent under Section 13B of the Hindu Marriage Act. That petition was received on file on 06.04.2010 and the appeal was posted to a day after six months. After six months, the matter has now come up before this Court again for consideration. Affidavits have been filed by both sides to confirm that there has been no reconciliation thereafter and to assert that both parties are even now interested in a divorce by mutual consent.

(3.) We have perused the averments in I.A.No.1330 of 2010 as also the affidavits filed by the parties. We are satisfied that the marriage between the parties, which was solemnised on 22.12.1997, can now be dissolved by a decree under Section 13B of the Hindu Marriage Act. The parties have settled all their outstanding disputes as can be seen from the averments in I.A.No.1330 of 2010. There is another proceedings pending before the court below as O.P(G&W) 1407 of 2006. Both counsel agree that the parties shall file appropriate application before the said Court also to get the terms accepted and an order passed in accordance with these terms in the said O.P(G&W) 1407 of 2006 also.