IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 25TH MAY 2009 / 4TH JYAISHTA 1931 Mat.Appeal.No. 701 of 2007() ---------------------------- OP.307/2002 of FAMILY COURT,ERNAKULAM .................... APPELLANT/RESPONDENT: ------------------------------------ GEORGE JOSEPH, AGED 39 YEARS, S/O. JOSEPH, MALIAKAL HOUSE, THOPPUMPADY,COCHIN-5. BY ADV. SMT.DIJI.K.DASAN SRI.BIJUMON.P.V. RESPONDENTS/PETITIONERS: --------------------------- 1. SINI THOMAS, AGED 31 YEARS, D/O. THOMAS, THOTTAKATTU HOUSE, PERUMPADAPPU, COCHIN-6. 2. TANIYA (MINOR), D/O. GEORGE, REPRESENTED BY MOTHER THE 1ST RESPONDENT. ADV. SRI.K.M.FIROZ FOR R1 & 2 THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 25/05/2009, ALONG WITH MAT. APPEAL NO. 708 OF 2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON IA.NO.29798/2007 IN MAT.APPEAL NO.701/2007 --------- DISMISSED 25/5/2009 Sd/- KURIAN JOSEPH, JUDGE. Sd/- HARUN-UL-RASHID, JUDGE. KURIAN JOSEPH & HARUN-UL-RASHID,JJ. ------------------------------- MAT. APPEAL NOS. 701 & 708 OF 2007 & I.A.NOS.1255 & 1256 OF 2009 ------------------------------- Dated this the 25th day of May, 2009 JUDGMENT Harun-Ul-Rashid,J. The above appeals are directed against the judgment and decree in O.P.Nos.307/2002 and 991/2001 on the file of the Family Court, Ernakulam. O.P.No.991/2001 was filed by the husband for dissolution of the marriage. The connected O.Ps.307/2002 and 939/2003 were filed by the wife for maintenance of herself and the child and for recovery of money respectively. 2. The Family Court, Ernakulam dismissed O.P.No.991/2001 filed by the husband. O.P.No.307/2002 & 939/2003 were allowed in part. 3. When the matter was taken up for final hearing, we had directed the parties to appear before us. Accordingly, the parties -2- Mat.Appeal .Nos.701 & 708 /2007 & I.A.Nos.1255 & 1256/09 appeared before us on several occasions. We have interacted with them directly and through the Mediator. Finally, the parties agreed to settle the disputes between them. Accordingly, they filed a joint application, I.A.No.1256/2009 in Mat. Appeal No.708/2007 requesting this Court to pass a decree for divorce by mutual consent. A compromise petition was filed as I.A.No.1255/09 for recording the compromise in respect of maintenance to the child. 4. Parties are living separately for more than 8 years. We are convinced that there is no possibility of the parties living together again. On the facts and circumstances of the case and on continuous interaction with the parties, we are satisfied that the marriage between the parties has irretrievably broken down. In the circumstances, there is no necessity for the parties to wait, till the expiry of the lie over period. Hence, the lie over period is waived. 5. In the result, I.A.No.1256/09 is allowed and a decree of divorce by mutual consent is passed with effect from today. The -3- Mat.Appeal .Nos.701 & 708 /2007 & I.A.Nos.1255 & 1256/09 terms of compromise recorded in I.A.No.1255/09 shall form part of this judgment. It is made clear that the maintenance amount as agreed between the parties shall be paid as per the terms of settlement. In case the maintenance amount is not paid, the lst respondent is entitled to recover the amount on behalf of the child through court in accordance with law. Mat. Appeals are disposed of as above. Sd/- KURIAN JOSEPH, Judge. Sd/- HARUN-UL-RASHID, Judge. kcv.