IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 18TH MARCH 2008 / 28TH PHALGUNA 1929 MFA.No. 738 of 2001(C) ---------------------- AGAINST THE ORDER OP.(DIV)40/1998 of FAMILY COURT, KOTTAYAM .................... APPELLANT: ----------- MRS.SUSAMMA IYPE, D/O.T.E.IYPE, RESIDING AT EZHAMALIL, KURUNNIMKALAYIL, PERUMBAIKKADU VILLAGE, KOTTAYAM TALUK. BY ADV. SRI.MATHEW JOHN (K) SRI.BABY THOMAS RESPONDENTS: ------------- SHAJI THOMAS @ SAJI THOMAS, W/O.THOMAS, VAKKACHIRA HOUSE, KURUMBANADOM KARA, MADAPPALLY VILLAGE, CHANGANACHERRY TALUK KOTTAYAM DISTRICT. BY ADV. SRI.JAMES KURIAN SRI.SANTHOSH MODAYIL SMT.PRABHA R.MENON(MEDIATOR) THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 18/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ----------------------------------------- M.F.A.No.738 of 2001 ----------------------------------------- Dated this the 18th day of March, 2008 JUDGMENT Kurian Joseph,J. Parties are present. We also had the assistance of Smt.Prabha R.Menon as Conciliator-cum-Mediator. Thanks to the efforts taken by the learned Conciliator and also this court, we are happy that the parties have reached a settlement. True they have decided to part. But we are happy to note that they are parting as friends. As part of the settlement they have filed a petition under Section 10A of the Indian Divorce Act. The terms of the petition are recorded. The parties were married on 31-5- 1993. They have been living separately ever since 1994. In that background of the parties we do not think that a further lie over period is necessary. We find from the petition that they have also settled the claims regarding return of money and ornaments. It is submitted that the decree in that regard in O.P.No.220/2001 has been fully satisfied. We are satisfied that there is no collusion between the parties. M.F.A.No.738/2001 -:2:- 2. In the above circumstances the marriage between the appellant and the respondent is dissolved by a decree by mutual consent. I.A.No.750/2008 will form part of the decree. 3. In view of the strenuous efforts taken by the learned Conciliator we feel that the learned Conciliator is to be given a reasonable remuneration. The parties are directed to pay Rs.5,000/- each to the Mediator. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) ahg. KURIAN JOSEPH & HARUN-UL-RASHID, JJ. --------------------------- M.F.A.No.738 of 2001 ---------------------------- JUDGMENT 18th March, 2008