IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 28TH MAY 2009 / 7TH JYAISHTA 1931 RPFC.No. 462 of 2007() ---------------------- MC.113/2006 OF THE FAMLY COURT, ERNAKULAM. .................... PETITIONER/RESPONDENT ----------------------------------------- REJISH K.M., S/O.K.V.MANI, KANJIRATHINGAL HOUSE, EAST KADATHY, VELLOORKUNNAM VILLAGE, MUVATTUPUZHA TALUK. BY ADV. SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE SMT.ACHU SUBHA ABRAHAM SRI.ALEX JOSE PAIKADA RESPONDENTS/ PETITIONERS -------------------------- 1. MAYA M.N., D/O.NEELAKANDAN, MAYA MANDIRAM, SOUTH ADUVASSERY. 2. PAVAN K.REJISHM (MINOR), S/O.REJISH K.M., REPRESENTED BY HIS MOTHER AND GUARDIAN, MAYA.M.N., D/O.NEELAKANDAN, MAYAMANDIRAM, SOUTH ADUVASSERY. ADV. SRI.K.S.BABU FOR R1 SMT.N.SUDHA FOR R1 SMT.K.GIRIJA FOR R1 THIS REV.PETITION(FAMILY COURT) HAVING BEEN FINALLY HEARD ON 28/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID,JJ. ------------------------------- R.P.(F.C.)NO. 462 OF 2007 & I.A.NOS.5129 & 5130 OF 2009 ------------------------------- Dated this the 28th day of March, 2009 O R D E R Harun-Ul-Rashid,J. Petitioner herein is the respondent in M.C.No.113/2006 on the file of the Family Court, Ernakulam. The Family Court allowed the M.C. directing the respondent therein to pay maintenance at the rate of Rs.1,000/- per month to the lst petitioner and Rs.750/- to the 2nd petitioner, who is their minor child. 2. When the matter was taken up for final hearing, we directed the parties to appear before us. Accordingly, the parties appeared before us on several occasions. We had interacted with the parties on such occasions. Though we had made efforts, it did not produce any result. The parties are living separately for more than four years and they have decided not to live together -2- RP(FC).No.462/2007 & I.A.NOS.5129 & 5130/09 any more. The parties agreed to settle the dispute between them. Accordingly, the parties filed a joint application I.A.No.5129/2009 under Section 13B of the Hindu Marriage Act, 1955 for a decree of divorce by mutual consent. The petitioner pursuant to the settlement, paid an amount of Rs.1.5 lakhs to the lst respondent-wife towards full and final settlement of all monetary claims. From the interaction with the parties for number of times, we are satisfied that there is no possibility of re-union and that the marriage between the parties has irretrievably broken down. 3. In the circumstances, we allow I.A.No.5129/2009 & I.A.No.5130/2009 and a decree of divorce by mutual consent is passed with effect from today. We also find that there is no necessity for the parties to wait, till the expiry of the lie over period. Hence, the lie over period is waived. The terms of agreement between the parties are hereby recorded and I.A.No.5129/2009 shall form part of this judgment. In view of -3- RP(FC).No.462/2007 & I.A.NOS.5129 & 5130/09 the settlement, there is no necessity to continue the proceedings pending before the Family Court. Therefore, O.P.No.846/2005 on the file of the Family Court, Ernakulam is struck down from the file. Revision Petition is disposed of in terms of compromise. KURIAN JOSEPH, Judge. HARUN-UL-RASHID, Judge. kcv.