MOHANAN Vs. NIL

JUDGEMENT

(1.) The petition filed by the appellants under Section 13B of the Hindu Marriage Act, 1955 was dismissed by the Family Court, Kalpetta on two grounds: (1) The averments in the application are not sufficient to grant a decree of divorce; and (2) Though the parties moved the application after six months and filed affidavits stating that they wanted divorce, they were not present on the subsequent dates.

(2.) Appellant No.1 is a coolie. It is stated that he is working in Coorg in Karnataka State. The marriage of the parties took place on 8.12.1991 and two children were born in that wedlock. The children were aged 17 and 16 years at the time of filing the petition. It is averred in the petition that since 25.5.2007 the appellants were residing separately and they had no contact with each other. It is also stated in the application that the parties agreed to dissolve the marriage by mutual consent. The further averment in the application is that their relationship "is irreparably broken down".

(3.) The court below dismissed the application under Section 13B of the Hindu Marriage Act on the aforesaid two grounds.