LAWS(KER)-2023-1-253

REVATHI Vs. SANOJ

Decided On January 17, 2023
REVATHI Appellant
V/S
Sanoj Respondents

JUDGEMENT

(1.) The petitioner is the respondent in O.P.No.71 of 2020 on the file of the Family Court, Kasaragod, which is one filed by the respondent herein-husband, seeking a declaration that the marriage solemnized between the parties on 25/8/2019 is null and void. The petitioner has filed this original petition, invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India, seeking an order to set aside Ext.P12 order dtd. 22/6/2022 of the Family Court in O.P.No.71 of 2020, whereby the preliminary issue raised on the maintainability of that original petition was found against the petitioner. The petitioner has also sought for a declaration that Ext.P1 original petition is not maintainable before the Family Court.

(2.) On 25/7/2022, when this original petition came up for admission, this Court issued notice before admission to the respondent by speed post. Simultaneously, the petitioner was permitted to serve notice on the respondent through his counsel before the Family Court, Kasaragod. This Court granted an interim order staying all further proceedings pursuant to Ext.P12, pending disposal of this original petition. The said interim order, which was extended from time to time, is still in force.

(3.) During the pendency of this original petition, the parties were referred for mediation. They have settled the disputes in mediation and the memorandum of agreement dtd. 3/1/2023 executed between the parties is placed on record along with the report dtd. 3/1/2023 of the Mediator. In terms of the terms and conditions contained in the memorandum of agreement dtd. 3/1/2023, I.A.Nos.1 and 2 of 2023 have been filed in this original petition. I.A.No.2 of 2023 is a joint petition filed under Sec. 13B of the Hindu Marriage Act, 1955 seeking a decree of divorce on mutual consent, and I.A.No.1 of 2023 is one filed invoking the provisions under Sec. 13B(2) of the Act, to waive the statutory period of six months.