IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 3RD JULY 2009 / 12TH ASHADHA 1931 RPFC.No. 325 of 2008() ---------------------- MC.126/2006 of the Family Court, Ernakulam. .................... PETITIONER/ RESPONDENT: ------------------------------- ANIL KUMAR, AGED 32 YEARS, S/O.BHASKARAN, NAMBIRATTU HOUSE, KARINKUNNAM P.O., IDUKKI DISTRICT. BY ADV. SRI.P.BABU KUMAR RESPONDENTS/ PETITIONERS: --------------------------- 1. RAMBHA ANIL KUMAR, AGED 27 YEARS, W/O.ANIL KUMAR, VETTUMELIL HOUSE, VADAVOKODE P.O., KANGARAPADDY, ERNAKULAM DISTRICT. 2. NIKHIL KUMAR, AGED 4 YEARS, S/O.ANIL KUMAR, VETTUMELIL HOUSE, VADAVOKODE P.O., KANGARAPADDY, ERNAKULAM DISTRICT MINOR, REPRESENTED BY HIS MOTHER AND NATURAL GUARDIAN RAMBHA ANIL KUMAR. ADV. SMT.J.SHEEBA MARIAM FOR R1-2 THIS REVISION PETITION(FAMILY COURT) HAVING COME UP FOR CONSIDERATION ON 03/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID,JJ. --------------------------- R.P.(F.C.).NO.325 OF 2008 & CRL.M.A.No.6230 OF 2009 --------------------------- DATED THIS THE 29TH DAY OF JUNE, 2009 O R D E R Harun-Ul-Rashid, J. Respondent in M.C.No.126/06 on the file of the Family Court, Ernakulam is the petitioner. The said M.C. was filed by his wife and minor child. By order dated 9/10/2007 the Family Court, Ernakulam allowed the petition directing the petitioner herein to pay maintenance at the rate of Rs.750/- each per month. 2. When the matter was taken up for final hearing, we directed the parties to appear in person for exploring the possibility of a settlement. Accordingly, the parties appeared in the chambers on several occasions. We are happy to note that the parties settled the disputes between them. Accordingly, the parties filed a joint petition as Crl.M.A.No.6230/2009 stipulating the terms of compromise. In terms of the compromise the petitioner paid an amount of Rs.1,00,000/- in cash to the respondents herein in full and final settlement of all monetary claims. The parties also filed Crl.M.A.No.6471/2009 under -2- RP.(F.C).No.325/2008 & Crl.M.A.No.6230/09 Section 13B of the Hindu Marriage Act praying for dissolving the marriage by mutual consent. 3. The petitioner and the lst respondent mutually agreed that a decree of divorce may be passed under Section 13 B of the Hindu marriage Act. Since the parties are living separately for the last several years, we are convinced that there is no possibility of re-union in future. We are also of the view 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. In the circumstances, we allow Crl.M.A.No.6471/2009 and a decree of divorce is passed dissolving the marriage of the parties by mutual consent with effect from today. The terms of compromise in Crl.M.A.No.6230/2009 are recorded and shall form part of this order. Revision Petition is disposed of as above. KURIAN JOSEPH, Judge. HARUN-UL-RASHID, Judge. kcv. -3- RP.(F.C).No.325/2008 & Crl.M.A.No.6230/09