BEFORE THE LOK ADALATH ORGANIZED BY THE KERALA HIGH COURT LEGAL SERVICES COMMITTEE PRESENT : THE HONOURABLE MR. JUSTICE T.K.CHANDRASEKHARA DAS (RETD. JUDGE, HIGH COURT OF KERALA) AND SRI.S.VENKITA SUBRAMANIA IYER (SENIOR ADVOCATE, HIGH COURT OF KERALA) FRIDAY, THE 30TH MAY 2008 / 9TH JYAISHTA 1930 Mat.Appeal.No. 48 of 2004() --------------------------- OP.32/2000 of SUB COURT, HOSDRUG .................... APPELLANT/PETITIONER: -------------------------- N.K. BABU, RESIDING AT PADNAKKAD, KANHANGAD VILLAGE, HOSDURG TALUK, KANHANGAD P.O. BY ADV. SRI.T.K.VIPINDAS RESPONDENT/RESPONDENT: ------------------------ C. SUGANDHI, D/O. LALITHA, RESIDING AT KALLANCHIRA, KANHANGAD VILLAGE, KANHANGAD P.O. BY ADV. SRI.K.RAJEEVAN THIS MATRIMONIAL APPEAL HAVING COME UP FOR DETERMINATION AT THE LOK ADALATH ALONG WITH MAT. APPEAL NO.286/2007 AND CONNECTED CASE AND THE PARTIES HAVING SETTLED THE MATTER, THE FOLLOWING AWARD IS PASSED IN TERMS OF THE SETTLEMENT: JUSTICE T.K.CHANDRASEKHARA DAS (RETD. JUDGE, HIGH COURT OF KERALA) AND SRI.S.VENKITA SUBRAMANIA IYER (SENIOR ADVOCATE, HIGH COURT OF KERALA) ----------------------------------------------- Mat. Appeal Nos.48 of 2004 & 286 & 420 of 2007 ----------------------------------------------- Dated this the 28th day of May, 2008 AWARD Mat. Appeal No.48/2004 arises out of the judgment dated 7.11.2003 in O.P. No.32/2000 of the Subordinate Judge, Hosdurg wherein the petition filed for divorce by the husband Sri.N.K.Babu against the wife Smt.Sugandhi was dismissed. Smt. Sugandhi, however, has filed the R.P.F.C. No.286/2007 for maintenance and Mat. Appeal No.420/2007 arising out of ancillary proceedings initiated by the parties in the appeal. 2. We have heard the parties who are present and their counsel. They have stated before us that they have settled the matter themselves. They filed before us a photo copy of the agreement executed between the parties on 6.3.2008 incorporating terms of their settlement. 3. As per this terms incorporated in the agreement, it has been agreed between the parties that a divorce can be granted Mat. Appeal No.48/04 & Con. Cases -2- on mutual consent between Sri. Babu and Smt.Sugandhi on the following conditions:- a) Property comprising in Re-Survey No.224/7 measuring 19 cents in Hosdurg Village which stand in the name of Babu was agreed to be assigned in favour of Sugandhi within one month from today. b) An amount of Rs. 4 Lakhs has been agreed to be paid to by Sri.Babu to Smt.Sugandhi and a cheque of Rs.4 Lakhs drawn in the name of D.V.Ambadi, mediator, on the State Bank of India, Kanhangad to be encashed and paid to Smt.Sugandhi. 4. In view of these conditions, the above cases have been disposed of as settled. The photo copy of the agreement executed between the parties will form part of the award. As indicated earlier, an award dissolving the marriage between the parties is passed, accordingly. Sd/- JUSTICE T.K.CHANDRASEKHARA DAS (RETD. JUDGE, HIGH COURT OF KERALA) Sd/- SRI.S.VENKITA SUBRAMANIA IYER (SENIOR ADVOCATE, HIGH COURT OF KERALA) jp