IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 21ST JULY 2010 / 30TH ASHADHA 1932 Mat.Appeal.No. 534 of 2010() ---------------------------- AGAINST THE ORDER DATED 10/02/2010 IN IA.1642/2009 IN OPHMA.543/2008 of FAMILY COURT, THIRUVALLA .................... APPELLANT/RESPONDENT ----------------------------- A.K.REMANI, AGED 49, AZHAKATHU VEEDU, MALAKKARA, MALAKKARA P.O., CHENGANNUR. BY ADV. SRI.P.HARIDAS SRI.SIKKY S. SMT.SHIJIMOL M.MATHEW SRI.RENJI GEORGE CHERIAN RESPONDENT/PETITIONER ----------------------------- MURALEEDHARAN.C.S., AGED 52 YEARS, S/O.C.G.SANKARAN, ARUN NIVAS, ELANTHOOR VILLAGE, KOZHENCHERRY TALUK. ADV. SRI.R.GIREESH VARMA FOR R1 THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 21/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. * * * * * * * * * * * * * Mat.Appeal No.534 of 2010 ---------------------------------------- Dated this the 21st day of July 2010 O R D E R Basant,J This appeal is directed against the order dated 10/02/2010 in I.A.No.1642/09 in O.P (H.M.A) No.543/08. O.P (H.M.A) No.543/08 was filed before the Family Court by the respondent herein/the husband. It is submitted that in that proceedings, on 03/06/2009, as both parties were absent and there was no representation, O.P. was dismissed as default. I.A.No.1642/09 was filed for restoration of the said O.P. During the pendency of that O.P, parties had settled their disputes and filed a joint application to report settlement. That joint application is dated 10/02/2010. It was duly signed by the contestants and was counter signed by their counsel. A copy of the same is produced before this Court as Annexure I. 2. When the matter came up for hearing on 10/02/2010, there was no representation and the learned Judge of the Family Court proceeded to dismiss the application for restoration also. It is aggrieved by this that the appellant has now come before this Court. Mat.Appeal No.534 of 2010 2 3. Respondent has entered appearance. The learned counsel for the respondent submits that the matter has been settled vide joint statement dated 10/02/2010. In these circumstances, it is prayed that the court below may be directed to restore O.P (H.M.A) No.543/08 and dispose of the same afresh in accordance with law. 4. We have heard both sides. We are satisfied that the said joint request can be accepted. We take note of the fact that the parties to this matrimonial dispute have settled all their outstanding disputes harmoniously. It is only fair and proper that the settlement effected by them by the joint statement be accepted. 5. In the result, a) This appeal is allowed. b) The impugned order dated 10/02/2010 in I.A.No.1642/10 and the judgment dated 03/06/2009 in O.P (H.M.A) No.543/08 are set aside. c) The parties are directed to appear before the Family Court on 10/08/2010. The Family Court shall dispose of O.P (H.M.A) No.543/08 afresh, in accordance with law, in the light of the joint statement filed by the parties. Mat.Appeal No.534 of 2010 3 6. Hand over copy of this order to the learned counsel for the petitioner for immediate production before the Family Court. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge Mat.Appeal No.534 of 2010 4 Mat.Appeal No.534 of 2010 5 R.BASANT & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 19/07/2010