IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 24TH NOVEMBER 2010 / 3RD AGRAHAYANA 1932 Mat.Appeal.No. 494 of 2010() ---------------------------------- OP.1040/2006 of FAMILY COURT,ERNAKULAM .................... APPELLANT/RESPONDENT -------------------------------- SUHAIB, S/O. ABDUL RAHIMAN, AMINA MANZIL, JAWAN CROSS ROAD, NEAR EDAPPALLY RAILWAY STATION, EDAPPALLY. BY ADV. SRI.T.M.ABDUL LATHEEF RESPONDENT(S): PETITIONER ------------------------------------ ASEEBA, D/O. M.H.AZEEZ, KAF VILLA, CHULLICKAL, KOCHI-682 005. R1 BY ADVS. SRI.K.RAMACHANDRAN SRI.S.SREEDEV THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 24/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs/ R. BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------- M.A. No.494 of 2010 ------------------------------------------------- Dated this the 24th day of November, 2010 JUDGMENT Basant,J. This appeal is directed against an order passed under the Dissolution of Muslim Marriage Act whereunder divorce was granted to the respondent/wife. 2. Pending disposal of the appeal, parties have settled all their outstanding disputes. It is agreed that the appeal can now be allowed and the impugned order can be set aside, the husband having voluntarily dissolved the marriage by pronouncement of talaq. Necessary documents have already been handed over to the respondent and in these circumstances, counsel agree that this appeal can be allowed, the impugned order can be set aside and the fact that talaq has been pronounced by mutual consent dissolving the marriage between the appellant and the respondent with effect from this date can be recorded. 3. In the result, a) This appeal is allowed. b) The impugned order is set aside and O.P.No.1040/2006 shall stand dismissed. MA 494/2010 2 c) We record that this arrangement is in pursuance of the dissolution of marriage by pronouncement of talaq in accordance with personal law done voluntarily by the appellant/husband on the basis of agreement with the respondent/wife. 4. A joint statement incorporating the terms of the settlement in this appeal and two connected Matrimonial Appeals has been filed and the same is received on file in MAT No.429/2009. R. BASANT (Judge) K. SURENDRA MOHAN (Judge) css/