IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 26TH JUNE 2008 / 5TH ASHADHA 1930 Mat.Appeal.No. 400 of 2007() ---------------------------- AGAINST THE ORDER DATED 05/02/2007 IN IA. 472 /2006 IN OP.139/2006 of FAMILY COURT, KANNUR .................... APPELLANT/PETITIONER: ------------ V.V.SAJEEV,S/O.VASUDEVAN,THOTTIKUDIYIL KELAGAM AMSOM,MANJALLAPURAM DESOM,P.O KELAKAM, KANNUR DISTRICT. BY ADV. SMT.K.V.BHADRA KUMARI RESPONDENT/RESPONDENT: ------------- P.S.NISHA,PADATHUVEETTIL HOUSE, PERMBRA AMSOM,CHAKKITTAPARA DESOM, P.O PERUVANNAMUZHI. BY ADVS. SRI.K.RAKESH ROSHAN SMT.THUSHARA.V THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 26/06/2008 ALONG WITH RPFC NO. 168 OF 2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------------------------- MAT. APPEAL NO. 400 OF 2007 & R.P.(F.C.)168 OF 2007 ---------------------------------------------------------------- Dated this the 26th day of June, 2008 JUDGMENT Kurian Joseph, J. This is an appeal filed against I.A. No.472 of 2006 in O.P. No.139 of 2006 on the file of the Family Court, Kannur. The appellant has also filed R.P.(F.C.)No.168 of 2007 aggrieved by the order in M.C. No.15 of 2006 on the file of the Family Court, Kannur. 2. The Original Petition was filed by the appellant herein for a declaration that the marriage between him and the respondent Nisha is null and void on the ground that the said marriage was contracted at a time when there was another marriage subsisting between the appellant and Smt. K.V.Mumthaz. When the matter was pending before this Court, pursuant to the direction issued by this Court, the parties appeared before us. Thanks to the strenuous efforts taken by Dr. Sebastian Champappilly, the learned conciliator, thanks to the co-operation extended by counsel on both sides, thanks to the co-operation of the parties and of course thanks to the efforts taken by the court, a settlement has been arrived at among the parties. They have filed a compromise petition, I.A. No.1540 of 2008 in 2 Mat. Appeal No.400 of 2007, stating the terms of compromise. 3. Before dealing with the terms of settlement, it is necessary to bring on record that the appellant has a child born in Nisha and that Nisha had contracted the marriage on the assumption that it is a valid marriage. Now the parties have agreed to settle their disputes and the appellant has agreed to deposit Rs.5,00,000/- in the name of his child, Sanjal Vasudev, born in Nisha and pay an amount of Rs.50,000/- to Nisha as full and final settlement of the entire claims in respect of the marriage between the appellant and Nisha. The amount of Rs.5,00,000/- will be deposited in the name of the minor and it will be open to the minor to close the deposit on his attaining majority. However, the respondent/Nisha is free to withdraw the monthly/quarterly/annual interest for the maintenance/education of the child. Since the parties have agreed to fully and finally settle the entire claims arising out of the alleged transaction, there shall be no further claims in respect of M.C.No.15 of 2006. Smt. K.V. Mumthaz has also agreed to withdraw O.P. No.1654 of 2007 filed by her before the Family Court, Ernakulam The said Original Petition shall stand dismissed as withdrawn. A criminal case is also pending against the appellant before the Judicial First Class Magistrate's Court, Kuthuparamba as C.C. No.415 of 2006 under Section 498 A I.P.C. Now, that the parties have decided to settle the disputes between them, we are of the view that it is only in the 3 interest of justice and for securing the ends of justice that the criminal case is also terminated. Therefore, the proceedings in C.C. No.415 of 2006 on the file of the Judicial First Class Magistrate's Court, Kuthuparamba shall stand quashed. The marriage between the appellant and Nisha is declared null and void in view also of the settlement as above. It is undertaken that in the event of the appellant not complying with the terms of compromise as above by the first week of September, 2008, this judgment shall stand recalled and Mat. Appeal No.400 of 2007 and R.P.(F.C.) No.168 of 2007 on the file of this Court, C.C. No. 415 of 2006 on the file of the Judicial First Class Magistrate's Court, Kuthuparamba and O.P. No.1654 of 2007 on the file of the Family Court, Ernakulam shall stand restored to file. Mat. Appeal No.400 of 2007 and R.P.(F.C.)No.168 of 2007 are disposed of as above. I.A. No.1540 of 2008 will form part of the decree. We record our appreciation for the efforts taken by the learned conciliator Dr. Sebastian Champappilly in settling the disputes between the parties. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) sp/ 4 KURIAN JOSEPH & HAURN-UL-RASHID, JJ. MAT.APPEALNO.400/2007 & R.P.(F.C.) NO.168 OF 2007 JUDGMENT 26TH June, 2008 5