JAYARAJ R. Vs. KAVYA G NAIR

JUDGEMENT

(1.) The appellant is the 1st petitioner in O.P.No.2351 of 2019 on the file of the Family Court, Thiruvananthapuram, a joint petition filed by the appellant-husband along with the respondent hereinwife, under Sec. 13B of the Hindu Marriage Act, 1955, seeking a decree of divorce by mutual consent to dissolve the marriage solemnised between them on 26/5/2010 at Crown Auditorium, Kallumkadavu, Pathanapuram, in accordance with the customary rites and ceremonies. When that original petition came up for consideration, the respondent herein filed a memo dtd. 12/4/2021, withdrawing her consent for a decree of divorce by mutual consent. On 22/4/2021, the Family Court noticed that the 2nd petitioner, i.e., the respondent herein, has withdrawn her consent and filed a memo. The 1st petitioner-husband was absent. Further, the parties were continuously absent. Therefore, the Family Court dismissed O.P.No.2351 of 2019 by the judgment and decree dtd. 22/4/2021. Feeling aggrieved, the appellant is before this Court in this appeal, invoking the provisions under Sec. 19(1) of the Family Courts Act, 1984.

(2.) On 28/6/2022, when this appeal came up for admission, this Court issued urgent notice to the respondent by speed post. On 6/10/2022 when the appeal came up for consideration, lower court records were called for.

(3.) Heard the learned counsel for the appellant-husband and the learned counsel for the respondent-wife.