DYNA SCARIA Vs. VERNIN VARKEY

JUDGEMENT

(1.) This appeal is filed by the wife, who is the second petitioner in the original petition, challenging the judgment and decree dtd. 23/6/2025 on the file of the Family Court, Thalassery, disallowing the prayer for dissolution of marriage under Sec. 10-A of the Divorce Act, 1869. The appellant and the respondent are wife and husband respectively.

(2.) The marriage between the parties was solemnised on 13/5/2023 at St.Mary's Forane Church, Edoor as per the rites and rituals prevailing in the Roman Catholic Christian Community. Subsequently, their marriage was also registered before the Local Registrar of Marriage, Aralam Grama Panchayath on 3/6/2023. After marriage, the appellant and respondent resided together as husband and wife in the matrimonial home. Thereafter, owing to differences between the parties, the appellant left the matrimonial home. Despite conciliation efforts undertaken by both families, the appellant and the respondent mutually decided to separate, as they were unable to lead a harmonious married life. Subsequently, Annexure A1 original petition was filed seeking divorce by mutual consent before the family court. After the cooling period of six months, the parties underwent counselling and the attempt for reunion was not materialised. Thereafter, Annexures A2 and A3 proof affidavits were filed before the family court. The appellant deposed in tune with the affidavit filed by her. While recording the statement, the respondent deposed that there is no indifference between the couple, but they are living separately for no reason for more than a year. The family court dismissed the original petition, observing that the respondent had stated that they were living separately without any valid reason, and further finding that there was no mutual consent between the parties. Aggrieved by this, the wife has filed this appeal.

(3.) We have heard the learned counsel for the appellant. Though notice was served on the respondent, he had chosen not to appear before this Court.