JOHNY SEBASTIAN Vs. JOSSY

JUDGEMENT

(1.) The appellant filed O.P.No.133 of 2018 before the Family Court, Tirur, against the respondent herein-wife, under Sec. 27(b) and (d) of the Special Marriage Act, 1954, seeking a decree of divorce for dissolving the marriage solemnised between them on 18/12/2004. That original petition ended in dismissal by the judgment and decree dtd. 26/3/2022. 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 1/8/2022, when this appeal came up for admission, this Court admitted the matter on file and issued notice to the respondent.

(3.) During the pendency of this appeal, the parties have settled their disputes and entered into a settlement agreement dtd. 16/12/2022, which is placed on record as Annexure 1, along with I.A.No.1 of 2023, a petition filed under Sec. 28 of the Special Marriage Act, 1954 seeking a decree of divorce by mutual consent. The said interlocutory application filed on 8/1/2023 is supported by I.A.No.2 of 2023 filed on 23/1/2023 seeking an order to waive the statutory period of six months specified in Sec. 28 of the Special Marriage Act. It is stated in the affidavit filed in support of the said interlocutory application that the parties are residing separately from August, 2016 onwards.