IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 2ND APRIL 2009 / 12TH CHAITHRA 1931 Mat.Appeal.No. 199 of 2004() ---------------------------- OP.263/1999 of FAMILY COURT, KOTTAYAM .................... PETITIONER(S): APPELLANT/RESPONDENT: ------------------------------------ P.T. JAMES, PADAVETTUMKALAYIL, PUNNATHARA SOUTH, KIDANGOOR, KOTTAYAM. BY ADV. SRI.M.J.THOMAS RESPONDENT(S): PETITIONER: -------------------------- LIZZY, D/O. KURIAN, THEKKEKARA HOUSE, AMMANCHERRY, ATHIRAMPUZHA, KOTTAYAM. ADV. SRI.SHAJI THOMAS PORKKATTIL THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 02/04/2009, ALONG WITH MA NO. 201 OF 2004 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT & C.T.RAVIKUMAR, JJ. * * * * * * * * * * * * * Mat.Appeal Nos.199 & 201 of 2004 --------------------------------------------------- Dated this the 2nd day of April 2009 J U D G M E N T BASANT,J These appeals are preferred by the appellant/husband against a common order passed by the Family Court in two O.Ps i.e. O.P.No.113/98 for divorce on the ground of adultery filed by him and O.P.No.263/99 filed by the respondent/wife claiming return of ornaments, cash, maintenance etc. O.P.No.113/98 filed by the appellant claiming divorce was dismissed and O.P.No.263/99 filed by the wife was decreed. 2. During the pendency of the appeal, the parties were referred to the Lok Adalath and before the Lok Adalath, parties have settled their disputes. It is submitted that amounts have been received in full discharge of the claim made in O.P.No.263/99 and in these circumstances Mat.A.No.199/04 can be allowed and the impugned order can be set aside. 3. So far as O.P.No.113/98 from which Mat.A.No.201/04 arises, it is submitted that the appellant/husband is not now claiming any decree for divorce on the ground of adultery and Mat.Appeal.No.199 & 201 of 2004 2 that the parties have mutually agreed that the marital tie can be dissolved by an order under Section 10A of the Indian Divorce Act. A joint application for divorce on mutual consent has been filed in I.A.No.660/09. We are satisfied that all the requirements of Section 10A have been satisfied and that the decree, as prayed for, for dissolution of marriage under Section 10A can be granted in favour of the parties in this proceedings itself. 4. In the result, a) Mat.A.No.199/04 is allowed. The impugned order is set aside. b) Mat.A.No.201/04 is allowed in part. The impugned order is not disturbed; but the prayer in I.A.No.660/09 for a decree for dissolution of marriage by mutual consent under Section 10A of the Indian Divorce Act is granted as prayed for. (R.BASANT, JUDGE) (C.T.RAVIKUMAR, JUDGE) jsr Mat.Appeal.No.199 & 201 of 2004 3 Mat.Appeal.No.199 & 201 of 2004 4 R.BASANT &C.T.RAVIKUMAR, JJ. .No. of 200 ORDER/JUDGMENT 06/02/2009