SANDHYA A S Vs. A NAJMAL

JUDGEMENT

(1.) The above Mat. Appeal is filed challenging order of the Family Court, Palakkad in O.P. No.153/2015. The appellant herein had approached the Family Court seeking dissolution of the marriage existed with the petitioner, under Section 27(d) of the Special Marriage Act, 1954, alleging cruelty meted out from the respondent. The Family Court on consideration of the evidence on record, dismissed the said petition. The appellant is challenging the said order on various grounds.

(2.) During pendency of the above appeal, the case was referred for mediation to the 'Ernakulam Mediation Centre'. A report submitted by the accredited Mediator indicates that, the matter is settled between the parties and the parties have filed a Memorandum of Agreement executed under Section 89 of the Code of Civil Procedure. In terms of the Mediation Agreement, the parties have conceded that the marital relationship has been irrecoverably broken and both the parties are willing to dissolve their marriage. It was agreed upon between the parties that they have no further allegations or claims against each other. The parties have also decided to file a joint application for dissolving their marriage, in accordance with law.

(3.) As per terms of the settlement, both the parties have filed a joint application before this court under Section 28 of the Special Marriage Act for dissolution of the marriage on mutual consent, as I.A. No.2239/2018. Taking note of the proviso to sub-section(2) of Section 28 of the Special Marriage Act, which entitles the court to reduce the period stipulated therein or to waive the requirements for the motion by consensus of both the parties, we are inclined to accept the joint petition and to order dissolution of the marriage. In this regard we take note of the ruling of the hon'ble Supreme Court in Amardeep Singh v. Harveen Kaur, (2017) 8 SCC 746.