IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 21ST AUGUST 2008 / 30TH SRAVANA 1930 Mat.Appeal.No. 169 of 2005() ---------------------------- OP.319/2004 of FAMILY COURT, KANNUR .................... PETITIONER: APPELLANT/PETITIONER: --------------------------------- JAYA P.S., D/O.LATE GOPINATHAN NAIR, "PRASHANTI", MIYAPADAVE P.O., VIA. MANJESHWAR, KASARAGOD, PIN-671 323. BY ADV. SRI.D.KRISHNA PRASAD SRI.D.NARENDRANATH SRI.M.HARISHARMA SRI.T.P.ELDHOSE RESPONDENTS: RESPONDENT: ------------------------ ANIL G.S., S/O.GOPALAKRISHNAN NAIR, T.C.3/1020, `SREEBHAVAN', ARASSUMMOODU, KULATHOOR P.O., THIRUVANANTHAPURAM. BY ADV. SRI.CIBI THOMAS FOR R1 THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 21/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ----------------------------------------- Mat.Appeal No.169 of 2005 ----------------------------------------- Dated this the 21st day of August, 2008 JUDGMENT Kurian Joseph,J. This is an appeal at the instance of the respondent in O.P.No.319/2004 on the file of the Family Court, Kannur. Respondent is the husband. The husband sought for dissolution of the marriage mainly on the ground of cruelty. That petition was decreed and hence the appeal. When the matter came up before us we directed the parties to be present before us. We had several rounds of discussions with the parties also through the Conciliator-cum-Mediator Smt.K.V.Rashmi. Finally the parties have agreed to settle the disputes between them. True, they have decided to part. But they part as friends and not as enemies. They have filed I.A.No.2213/2008 under Section 13B of the Hindu Marriage Act. It is seen that the parties have been living separately for more than one year and they are not in a position to live together also. The respondent-husband has also paid an amount of Rs.10,50,000/- in settlement of all the claims Mat. Appeal No.169/2005 -:2:- of the appellant and of their child. The appellant will withdraw the pending cases against the respondent. We are also convinced that there is no collusion between the parties. In view of the long pendency of the disputes between the parties a further lie over period is not necessary. 2. Since we are convinced that it will not be possible for the parties to live together as husband and wife and in view of the settlement as above the marriage between the appellant and the respondent is dissolved by a decree on mutual consent. I.A.No.2213/2008 will form part of the decree. Resultantly the judgment and decree in O.P.No.319/2004 is set aside. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) ahg. KURIAN JOSEPH & HARUN-UL-RASHID, JJ. --------------------------- Mat.Appeal No.169 of 2005 ---------------------------- JUDGMENT 21st August, 2008