IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 29TH SEPTEMBER 2010 / 7TH ASWINA 1932 Mat.Appeal.No. 179 of 2004() ---------------------------- OP.131/2003 of FAMILY COURT, THIRUVALLA .................... APPELLANT: RESPONDENT --------------------------------------- M.S. OMANAKUTTAN, AGED 48 YEARS, S/O. THE LATE KRISHNANACHARY, SUJITH BHAVAN, CHENNEERKARA MURI AND VILLAGE, KOZHENCHERY TALUK. BY ADV. SRI.M.P.PRAKASH RESPONDENTS:PETITIOINER/RESPONDENT NO.2 -------------------------------------------------------------------- 1. C.T. GIRIJAKUMARI, AGED 38 YEARS, D/O. C.G. THANKAPPAN ACHARY, ARUNALAYAM, KULATHOOR P.O., KULATHOOR NADA BHAGOM, KOTTANKAL, MALAPPALLY TALUK. 2. JOHN, PRINCIPAL, SHALOM PUBLIC SCHOOL, CHENNEERKORA P.O., CHENNEERKARA VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT. ADV. SRI.V.PHILIP MATHEW FOR R1 SMT.P.A.REZIYA[MEDIATOR] THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 29/09/2010, ALONG WITH MA NO. 180 OF 2004 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - Mat.A.Nos. 179 & 180 of 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of September, 2010 JUDGMENT Basant, J. These appeals are preferred by the appellant/husband against the common order passed by the Family Court, Thiruvalla in O.P.Nos. 131 and 308 of 2003. O.P.No.308 of 2003 is a petition filed by the husband claiming divorce. That petition stands dismissed by the impugned common order. Against that Mat.A.No. 180 of 2004 has been filed by the appellant. 2. Mat.A. 179 of 2004 is an appeal preferred against the order in O.P. No. 131 of 2003. By the impugned order the respondent/wife was appointed as Guardian of the two children born in their wedlock. 3. While these appeals were pending, parties were referred for mediation. The parties have settled their disputes on terms Mat.A.Nos. 179 & 180 of 2004 2 and conditions which are stipulated in the Memorandum of Mediation Settlement dt. 23.1.2010 duly signed by the rival contestants and counter signed by their counsel. That mediation settlement agreement shall be appended to the appellate decree. 4. Learned counsel submit that in terms of the settlement the spouses have resumed cohabitation and they are residing along with their children. The father-in-law of the husband had agreed to make payments to the husband and also to hand over certain gold ornaments. It is submitted that the said condition has not been complied with so far. Notwithstanding the non-compliance with the said condition, the parties have settled all their outstanding disputes. The husband wants to reserve his right to proceed against the father-in-law to enforce his claims under the mediation settlement. However, both spouses are in agreement that the proceedings need not continue and that these appeals can be allowed and the respective petitioners can be permitted to withdraw the Original Petitions filed by them before the court below. We are satisfied that the said request of the parties can be accepted. Mat.A.Nos. 179 & 180 of 2004 3 5. In the result: a) These appeals are allowed. b) The impugned orders are set aside. c) The respective petitioners are permitted to withdraw O.P.No. 131 of 2003 and 308 of 2003 filed by them before the Family Court, Thiruvalla as they have settled all their claims and there is no acrimony between them now. Accordingly O.P.Nos. 131 and 308 of 2003 filed before the Family Court, Thiruvalla are hereby dismissed as withdrawn. d) Copies of the mediation settlement agreement dt. 23.1.2010 shall be appended to the appellate decree. (R.BASANT) Judge (M.L. JOSEPH FRANCIS) Judge tm