IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 3RD NOVEMBER 2008 / 12TH KARTHIKA 1930 Mat.Appeal.No. 285 of 2007() ---------------------------- OP.741/2003 of FAMILY COURT,THRISSUR .................... PETITIONER(S): RESPONDENT: -------------------------- JYOTHY LAXMI, AGED 34 YEARS, D/O. VENUGOPALAN NAIR & A.V.JANAKI AMMA, PAVARATTY DESOM, PAVARATTY VILLAGE,CHAVAKKAD TALUK BY ADV. SRI.SUDHEESH.A. SMT.C.V.BINDU RESPONDENT(S): PETITIONER: -------------------------- MADHUSUDHANAN, S/O.SANTHAKUMARI AMMA, AGED 47 YEARS, CHANGARATH HOUSE (IDIRALAYAM), P.O. VARADIUM, AVANUR VILLAGE, THRISSUR TALUK, THRISSUR DISTRICT. ADV. SRI.K.MOHANAKANNAN FOR RESPONDENT SMT.A.R.PRAVITHA FOR RESPONDENT SRI.KHALID[MEDIATOR] THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 03/11/2008, MA NO. 295 OF 2007 MA NO.541 OF 2007 MA NO. 587 OF 2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON I.A.NOS.1275/2007 & 2603/2008 IN MAT.APPEAL No.285/2007 CLOSED. SD/-P.R.RAMAN, JUDGE SD/-T.R.RAMACHANDRAN NAIR, JUDGE 03/11/2008 \\TRUE COPY// P.A TO JUDGE P.R.Raman & T.R. Ramachandran Nair, JJ. - - - - - - - - - - - - - - - - - - - - - - - - Mat.A. Nos.285, 295, 541 & 587 of 2007 - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of November, 2008. JUDGMENT Raman, J. Mat. Appeal Nos.285/2007 and 295/2007 are filed by Jyothy Lakshmi and others. Mat. Appeal No.295/2007 arises out of an order passed in O.P.No.17/2002 filed by Jyothy Lakshmi and two children praying maintenance at the rate of Rs.7,500/-, Rs.5,000/- and Rs.4,000/- respectively and Rs.5 lakhs for the marriage of her daughter and Rs.33,600/- for educational expenses of the children. The respondent is the husband. The original petition was eventually allowed by the Family Court granting maintenance at the rate of Rs.1,500/- to the wife and Rs.1,000/- each to the children for six months and future maintenance at the rate of Rs.1,500/- each to the children and Rs1,500/- to the wife for a period of one year. The appeal is filed by the wife and children claiming the full amount as prayed for in the petition. Likewise, the husband has also filed an appeal against the grant of maintenance as Mat. Appeal No.541/2007. Mat. Appeal No.285/2007 is also filed by the wife and children against the order in O.P.No.741/2003. That petition was filed by the husband seeking divorce Mat.A.No.285/07, etc. -2- on the ground of cruelty and desertion. That was allowed. Hence, aggrieved thereby, the wife has filed appeal. Mat. Appeal No.587/2007 arises out of the order in O.P.No.1046/2005 filed by the husband for return of 300 sovereigns of gold ornaments. The Family Court dismissed the same, against which the appeal is filed. 2. During the pendency of the proceedings before this court, the parties have compromised the matter with the assistance and able advice given by Smt. P.V.Asha who was appointed as Conciliator by this court and a compromise petition is filed, as per the terms of which, it is agreed between the parties to dissolve the marriage by mutual consent. Likewise, the husband has agreed to deposit a sum of Rs.2 lakhs towards the marriage expenses of his daughter Vaishnavi and a further amount of Rs.3 lakhs will be deposited towards past and future maintenance awarded by the court below in O.P.No.17/2002. The sum of Rs.2 lakhs to be deposited towards marriage expenses, will be deposited within six months for a period of 10 years in the name of Vaishnavi with Madhusudanan and Jyothi Lakshmi as guardians. Out of the sum of Rs.3 lakhs to be deposited, Rs.1 lakh is already in deposit by the husband in the State Bank of India, Main Branch,Trissur and it is agreed that the said amount can be withdrawn by Jyothi Lakshmi. The balance Rs.2 lakhs will be deposited within two Mat.A.No.285/07, etc. -3- months in the name of the wife and two children with Jyothi Lakshmi as guardian. They have also agreed that regarding the custody of the children, they will abide by the orders to be passed by this court in Mat. Appeal No.612/2007, M.F.A.No.99/2007 and W.P.(C) N0.35845/2007. 3. We have gone through the terms of the arrangement between the parties and we are satisfied that the terms are quite reasonable. Accordingly, we accept the compromise petition and dispose of the four appeals as follows: 4. The decree passed by the court below dissolving the marriage on the ground of cruelty and desertion, is set aside and in its place a compromise decree is passed dissolving the marriage by mutual consent. The rest of the compromise contained in the agreement shall be strictly adhered to by the parties. The deposit receipts shall be produced before this court, to be handed over to the other side on application being moved. A copy of the compromise petition shall be annexed with this order. Since the deposit has to be made only after two months and six months respectively, Mat.A.No.285/07, etc. -4- we permit the parties to move for further orders, even though we are disposing of the appeals today. We appreciate on record the service rendered by Smt.P.V. Asha. The appeals are disposed of as above. ( P.R.Raman, Judge.) (T.R. Ramachandran Nair, Judge.) kav/