VINU JACOB Vs. NIL

JUDGEMENT

(1.) Petitioners herein have filed O.P.36/2019 before the Family Court, Mavelikkara seeking dissolution of their marriage based on mutual consent, under section 10A of the Divorce Act 1869 (hereinafter referred to as 'the Act', for short) . The said application was filed before the court below on 11.1.2019. The court below adjourned the matter to 19.4.2019 directing appearance of both the petitioners for undergoing mediation. The petitioners thereupon filed I.A.219/2019 seeking waiver of the statutory waiting period and for an early consideration of the joint application for dissolution of the marriage. The said interim application was dismissed by the Family Court on 21.2.2019 through Ext.P6 order, which is under challenge in this Original Petition filed invoking the supervisory jurisdiction vested on this court under Art. 227 of the Constitution of India.

(2.) The reasons for dismissal of the application, mentioned in the order impugned, is that the conditions enumerated in the ruling of the Honourable Supreme Court in Amardeep Singh Vs. Harveen Kaur [(2017) 8 SCC 746] are not made out.

(3.) Facts pleaded in O.P. No.36/2019 as well as in the affidavit filed in support of I.A.219/2019 are that, marriage between the petitioners was on 18.5.2009 and a child was born out of their wedlock, on 10.4.2011. Since 15.4.2016 they are living separated due to matrimonial discord. In the affidavit in I.A.219/2019 it is specifically stated that the marital relationship remains irretrievably broken and there is no scope of any reunion. It is also mentioned that, even after completion of the waiting period, there is absolutely no chance of the spouses to have any rethinking and the waiting period (cooling off period) will only add more agony of the parties.