JUSTIN ABRAHAM Vs. PREETHY N THOMAS

JUDGEMENT

(1.) This appeal was filed against the judgment dated 05.01.2016 in O.P. No. 625 of 2014 on the files of the Family Court, Kottayam at Ettumanoor. The appellant herein is the petitioner before the court below. The petition was filed for divorce by the appellant herein against the respondent for false allegations, which resulted in the extinction of mental peace of appellant's family.

(2.) The learned counsel for the appellant contended that the court below, on an erroneous appreciation of facts, law and evidence on record, dismissed the petition for divorce by entering upon a finding that the appellant has filed a petition for divorce only on false allegations.

(3.) When the matter came up for hearing, it was reported by both parties that the matter has been settled. Accordingly, they filed a petition under Sec. 10A of the Indian Divorce Act, 1865, ('the Act' for short) stating that the marriage between the appellant and respondent was solemnized on 21.08.2004 at St. Joseph's Church, Arunootimangalam, as per the rites and ceremonies prevalent in the Syro Malabar Christian community. Their marriage was subsequently registered with the Marriage Officer of Krishnarajapuram, Bangalore, as statutorily mandated. They are living separately from 10.03.2013 onwards. The marital life has become irretrievably broken down and therefore, they are living separately for more than 5 years. They have not been able to live together and they have mutually agreed and desired to dissolve their marriage by a decree of divorce by mutual consent. Several mediators intervened and as there is no chance for reunion, they finally decided to get separated from the marriage life. The decision to dissolve the marriage by mutual consent has been taken by the appellant and respondent freely, voluntarily and without any sort of influence from any corner. They are convinced that they will not be able to live together as husband and wife any more. No disputes are pending unresolved between the them. There is no coercion or compulsion on them in filing the above application and it is filed on their free will. The cause of action for the petition arose on 21.08.2004, the date on which they got married and on 10.03.2013, the date on which they started living separately. Accordingly, they prayed for granting a decree of divorce dissolving the marriage between them on the ground of mutual consent contemplated under Sec. 10A of the Divorce Act. Along with this application, a separate petition is filed herewith for waiving the period of 6 months to pass order under Sec. 10A of the Act for dissolving the marriage. In that, it was stated that the Mat. Appeal was filed by the appellant against the judgment dated 05.01.2016 in O.P. No. 625 of 2014 on the files of the Family Court, Kottayam at Ettumanoor, seeking divorce, which was dismissed. The entire disputes between both parties were settled on the following conditions :-