Kerala High Court
Aneeshkumar C vs Dhanya Aneesh on 26 October, 2017
Bench: V.Chitambaresh, Sathish Ninan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
&
THE HONOURABLE MR. JUSTICE SATHISH NINAN
THURSDAY, THE 26TH DAY OF OCTOBER 2017/4TH KARTHIKA, 1939
OP (FC).No. 593 of 2017 (R)
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AGAINST THE OP(HMA) NO.151/2016 FAMILY COURT, MAVELIKKARA
PETITIONER(S)/DEFENDANT.:
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ANEESHKUMAR C
S/O CHANDRAN PILLAI, AGED 32 YEARS,
PUTHENTHARAYIL, KOIPPALLY KARAZHMA,
OLAMEKKIAYAMBALAM P.O.,
MAVELIKARA, PIN.690510,
REPRESENTED BY CHANDRAN PILLAI,
S/O GOVINDAKURUP,
AGED 63 YEARS, KARAZHMA, OLAMEKKIAYAMBALAM P.O.
MAVELIKARA, PIN.690510.
BY ADVS.SRI.P.SREEKUMAR
SRI.K.ARJUN VENUGOPAL
SMT.MARY RESHMA GEORGE
SMT.V.A.HARITHA
SMT.SANDHYA R.NAIR
SMT.P.M.MAZNA MANSOOR
SRI.JEEVAN RAJEEV
RESPONDENT(S)/PLAINTIFF.:
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DHANYA ANEESH
D/O VIJAYALAKSHMI, AGED 26 YEARS,
RESIDING AT KOPPARA THARAYIL CHERAVALLY,
KAYAMKULAM P.O., PIN.690516,
NOW RESIDING AT GOWARI NILAYAM,
PULLIKKANAKKU.
THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON 26-10-
2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (FC).No. 593 of 2017 (R)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1 A TRUE COPY OF THE PETITION FILED AS OP (HMA) 151/2016
BEFORE THE FAMILY COURT, MEVELIKARA.
EXHIBIT P2 A TRUE COPY OF THE POWER OF ATTORNEY EXECUTED BY THE
PETITIONER.
RESPONDENT(S)' EXHIBITS NIL
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// True Copy //
P.A. To Judge
rmm
V.CHITAMBARESH & SATHISH NINAN, JJ.
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O.P (FC) No.593 of 2017
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Dated this the 26th day of October, 2017
J U D G M E N T
Chitambaresh,J.
OP(HMA) No.151/2016 on the file of the Family Court, Mavelikkara has been filed under Section 13B of the Hindu Marriage Act, 1955 for divorce by mutual consent. The same was presented by the parties and their counsel which was adjourned for the expiry of the lie over period under Section 13 B (2) of the Hindu Marriage Act, 1955.
2. The husband now wants speedy disposal of OP(HMA) No.151/16 and has appointed his father as the power of attorney holder to prosecute the case. There is no necessity for the parties to be present in person for the second motion as has been held in Saji T. Varghese v.State of Kerala 2010(3) KLT 804 .
3. The lie over period under Section 13B (2) of the Hindu Marriage Act, 1955 can be waived as has been held by the Supreme Court of course in appropriate cases. The same applies not only for the initial period of six months but also for the outer period of 18 months and we notice that the motion was made well within time. O.P (FC) No.593 of 2017 2
The Family Court, Mavelikkara shall accept the power of attorney (if the same is in order) and dispose of OP(HMA)No.151/2016 in terms of Section 13B of the Hindu Marriage Act, 1955. The same shall be done within a period of one month from the date of receipt of a copy of this judgment.
Sd/-
V.CHITAMBARESH JUDGE Sd/-
SATHISH NINAN JUDGE rmm/26/10/2017