LINISH P MATHEW Vs. MRUTHULA MATHEW

JUDGEMENT

(1.) The question of law involved in these appeals is whether it is necessary to pass a decree nisi under Section 16 of the Divorce Act, 1869 (Act IV of 1869), where a joint application is filed by the husband and wife under Section 10A of the Divorce Act for dissolution of marriage by mutual consent, in a pending appeal against the decree passed by the District Court.

(2.) The respondent (wife) filed O.P.(Div.) No.1064 of 2008 on the file of the Family Court, Alappuzha against the appellant (husband) for declaring their marriage to be null and void and in the alternative for a decree of divorce. The Family Court dismissed the prayer for declaration of nullity of marriage. However, the Family Court granted a decree of divorce and declared that the marriage between the parties will stand dissolved with effect from the date of decree. Challenging the decree passed by the Family Court, the husband filed Mat. Appeal No.453 of 2011. The wife filed Cross Objection No.49 of 2011 in Mat. Appeal No.453 of 2011 challenging that part of the decree of the Family Court by which the Family Court refused to declare the marriage as null and void.

(3.) The wife filed O.P.No.1065 of 2008 before the Family Court, Alappuzha against her husband and father-in-law for recovery of money given to the respondents at the time of marriage and value of gold ornaments which were allegedly appropriated by the respondents therein. The Family Court allowed O.P.No.1065 of 2008 in part and granted a decree for recovery of Rupees Ten lakhs from the respondents in the Original Petition. The claim for value of gold ornaments was dismissed. Challenging the judgment and decree of the Family Court in O.P.No.1065 of 2008, the respondents therein filed Mat. Appeal No.454 of 2011.