IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 18TH JANUARY 2011 / 28TH POUSHA 1932 Mat.Appeal.No. 101 of 2008 and Cross Objection No. 46 of 2008 ---------------------------- OP.899/2005 of FAMILY COURT,TRIVANDRUM .................... PETITIONER: APPELLANT/IST PETITIONER --------------------------------------- SMITHA SUSAN THOMAS, AGED 29 YEARS, W/O.M.M.JAYAN GEORGE @ JAYAN GEORGE MATHEW, TC.4/2550-1, PATTOM P.O., KOWDIAR VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA SRI.K.I.SAGEER RESPONDENT: RESPONDENTS -------------------------- 1. M.M.JAYAN GEORGE @ JAYAN GEORGE MATHEW, AGED 32 YEARS, 18/52, MULAMOOTTIL BUNGLOW, UNIYOORKONAM, KULASEKHARAM P.O., THUMBAKODE VILLAGE, THIRUMANTHIKURAI DESOM, KULKULAM TALUK, KANYAKUMARI DISTRICT, TAMIL NADU STATE. 2. GEORGE M.MATHEW, AGED 58 YEARS, S/O.G.M.VARGHESE, RESIDING AT 18/52, MULAMOOTTIL BUNGLOW, UNIYOORKONAM, KULASEKHARAM, TAMIL NADU. 3. ELIZABETH MATHEW, AGED 54 YEARS, W/O.GEORGE M.MATHEW, RESIDING AT 18/52, MULAMOOTTIL BUNGLOW, UNIYOORKONAM, KULASEKHARAM, TAMIL NADU. ADV. SRI.THOMAS MATHEW NELLIMOOTTIL FOR R1-3 THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 18/01/2011, ALONG WITH CO NO.46 OF 2008 & MA NO. 53 OF 2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH & M.L.JOSEPH FRANCIS JJ., - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mat.Appeal No. 53 and 101 of 2008 and Cross objection No.46 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of January 2011 JUDGMENT Joseph J., I.A. No. 1976 of 2010 (dated 20th July 2010) in Mat. Appeal No. 53 of 2008 is filed for divorce by mutual consent under Sec.10-A of the Divorce Act. The period of six months is elapsed. But the parties do not dispute that the decree can never be decree mi see. Accordingly we pass the decree mi see dissolving the marriage between the appellant and the respondent under Section 10-A of the Divorce Act. 2. As seen from the terms of the settlement, it is agreed that various conditions including the custody of the minor child and withdrawal of various other cases can be done by the wife/respondent. We record the submission of the learned counsel for the wife that all the cases will be withdrawn within a period of 10 days from today. Learned Mat.Appeal No. 53/2008 and cnntd cases. :2: counsel for the wife acknowledges receipt of demand drafts (4 in numbers) totalling a sum of Rs.30 lakhs in favour of the wife and also fixed deposit totalling Rs.30 lakhs put in the name of the minor child, in terms of the settlement. We dispose of the Mat. Appeals and also the cross objection in terms of the settlement. The terms of the settlement will form part of the judgment. K.M. JOSEPH, (JUDGE) M. L. JOSEPH FRANCIS, (JUDGE) dl/