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. 968 of 1998(D) ---------------------- OPHMA.61/1995 of SUB COURT, MAVELIKKARA .................... APPELLANT/PETITIONER: ----------- SHIVADASAN, S/O.KUNJIKRISHNAN, PUTHANPURAYIL HOUSE, KULANJIKARA ZHAMA MURI, MANNAR VILLAGE, CHENGANNUR TALUK, ALAPPUZHA DISTRICT. BY ADV. SRI.R.KRISHNA RAJ RESPONDENTS/COUNTER PETITIONERS: ------------- 1.RADHAMONY, CHERUMALA MUDIYIL VEEDU, PENNUKKARA MURI, ALA VILLAGE. 2.UTHAMAN, SUNI NIVAS, PATTOOR MURI, NOORANADU VILLAGE. BY ADV. SRI.S.SHANAVAS KHAN-R1 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. 968 OF 1998 ---------------------------------------------------------------- Dated this the 18th day of March, 2008 JUDGMENT Harun-Ul-Rashid, J. The appellant as petitioner filed O.P.(H.M.A.)No.61 of 1995 before the Sub Court, Mavelikkara for a decree of divorce under Section 13 of the Hindu Marriage Act on the ground of desertion and cruelty. The trial court dismissed the petition finding that there is no sufficient proof for establishing the grounds alleged. 2. The marriage between the petitioner and the respondent was solemnised on 8.6.1988. The parties are living separately since 1993. We had on several occasions interacted with the parties. We find that the marriage between the parties is irretrievably broken and reconciliation is not possible. We also feel that there is no point in asking the parties to live together at this stage for which the parties are not prepared. The parties have also agreed mutually for divorce and they have filed an application, I..A.No.744 of 2008 under Section 13 B of the Hindu Marriage Act for passing a decree of divorce. We are also satisfied that the petition is filed by the parties voluntarily and that there is no collusion between them. In the circumstances, we allow I.A. No.744 of 2008 and a decree of divorce is M.F.A. NO.968/1998 2 passed on mutual consent. As part of the settlement of monetary and other claims between the parties including that of the children, the appellant has conveyed 7.5 cents of land in Survey No.338/1 of Ennakkad Village with a building thereon in the name of his two children. In addition to that, the appellant also paid Rs.2,10,000/- to the first respondent towards permanent alimony and maintenance of their children in full and final settlement of all claims. In the light of the above compromise, O.S. No.300 of 1995 and O.P. No.547 of 2006 pending before the Family Court, Alappuzha, O.S. No.331 of 1995 on the file of the Munsiff's Court, Chengannoor and A.S. No.198 of 1998 on the file of the District Court, Alappuzha are struck off from the file of the respective courts. The first respondent is permitted to receive the documents produced by the appellant in A.S. No.198 of 1998 in respect of the property conveyed in the name of the children. The judgment and decree under appeal are accordingly set aside. There will be no order as to costs. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) sp/ M.F.A. NO.968/1998 3 KURAIN JOSEPH & HAURN-UL-RASHID, JJ. M.F.A.NO.968/1998 JUDGMENT 18TH MARCH, 2008