IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 6TH DECEMBER 2010 / 15TH AGRAHAYANA 1932 Mat.Appeal.No. 783 of 2009(B) ------------------------------------------- [O.P.NO.773/2008 OF FAMILY COURT,KOZHIKODE] .................... PETITIONER: ------------------- ANUPAMA, D/O.CHANDRASEKHARAN, AGED 25, VELLATHUMPADATH HOUSE, P.O.PALAZHI, KOZHIKODE. BY ADVS. SRI.G.SREEKUMAR (CHELUR), SMT.PREETHY KARUNAKARAN, SRI.K.RAVI (PARIYARATH). RESPONDENT/PETITIONER: ----------------------------------------- SUSEELAN, S/O.SIVADASAN, PALAKARA HOUSE, P.O.KOLATHARA, KOZHIKODE. BY ADV. SRI.V.N.RAMESAN NAMBISAN. THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 06/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. R.BASANT & K.SURENDRA MOHAN, JJ. ------------------------------------------- MAT Appeal No.783 of 2009 ------------------------------------------- Dated this the 6th December, 2010 JUDGMENT Basant, J. This appeal is directed against the decree for restitution of conjugal rights. Wife is the appellant. The parties were referred for mediation. The parties have settled their disputes and have filed a memorandum of settlement dated 20.09.2010. They have agreed to settle all their outstanding disputes. The marriage has now been dissolved by mutual consent under Section 13B of the Hindu Marriage Act. All other conditions of the settlement have been observed and performed. Steps shall forthwith be taken for terminating the prosecution under Section 498 IPC, it is submitted. Both sides pray that this appeal may in these circumstances be allowed and the impugned order may be set aside. 2. We accept the memorandum of settlement reached by the parties. We accept the submission that this appeal Mat.Appeal No.783/2009 2 can now be allowed and the impugned order can now be set aside in view of the admitted circumstance that the marriage now stands dissolved. 3. In the result, a) The memorandum of settlement dated 20.9.2010 is accepted. That memorandum shall be appended to the appellate decree. b) This appeal is allowed. The impugned order is set aside as agreed. R.BASANT JUDGE K.SURENDRA MOHAN JUDGE css/