IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 14TH OCTOBER 2009 / 22ND ASWINA 1931 Mat.Appeal.No. 216 of 2004(E) ---------------------------- OP.557/2002 of FAMILY COURT,KOZHIKODE .................... PETITIONER : APPELLANT/RESPONDENT: ------------------------------------ ABDUL SALAM, S/O. MOHAMMED, THODUVAYIL, NANMANDA P.O., BALUSSERY. BY ADV. SRI.A.ANTONY SMT.LEELAMMA ANTONY RESPONDENT : PETITIONER: -------------------------- SEENATH, D/O. ABDUL JABAR, THAYULLATHIL, KARIYATHANKADAVU P.O., BALUSSERI. ADV. SRI.MANJERI SUNDERRAJ FOR R1 SRI.B.PREMNATH (E) FOR R1 SMT.K.V.RESHMI[CONCILIATOR] THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 14/10/2009, ALONG WITH RPFC NO.23 OF 2007, WPC NO. 31764 OF 2007 AND CRMC NO. 856 OF 200, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. ------------------------------------ Mat.Appeal No.216 of 2004, Crl.M.C.No.856 of 2007, R.P.F.C No.23 of 2007 and W.P(C) No.31764 of 2007 ------------------------------------- Dated this the 14th day of October, 2009 JUDGMENT/ORDER BASANT, J. Mat.Appeal No.216 of 2004, R.P.F.C No.23 of 2007 and Crl.M.C.No.856 of 2007 have all been filed by a common appellant/petitioner, ie. the husband/father. W.P(C) No.31764 of 2007 has been filed by the wife/mother against the appellant/petitioner in the other matters. Parties were referred to the Mediator and as per the compromise petition filed by the spouses, all outstanding disputes have been settled and the parties have decided to accept a harmonious settlement and not to proceed with these matters. The settlement and joint compromise statement have been arrived at before the Mediator and it is the Mediator who has submitted the said compromise petition before this Court. The said compromise is duly signed by the parties and countersigned by their respective counsel. Mat.Appeal No.216 of 2004, Crl.M.C.No.856 of 2007, R.P.F.C No.23 of 2007 and W.P(C) No.31764 of 2007 2 2. We are satisfied that the said joint compromise petition arrived at in the presence of the Mediator can be accepted and these proceedings can now be disposed of. The joint compromise petition dated 06.10.09 shall be appended to this common judgment. That joint compromise statement is seen filed in Mat.Appeal No.216 of 2004 and is available in that file. 3. In the result: i) The joint compromise petition dated 06.10.09 is accepted; ii) Consequently Mat.Appeal No.216 of 2004 is dismissed as withdrawn; iii) W.P(C) NO.31764 of 2007 is allowed in part. Parties accept the order passed by the Family Court in O.P.No.490 of 2007, which has already been disposed of subject to the modifications/improvements referred to in para.2 of the compromise petition; iv) R.P.F.C No.23 of 2007 is dismissed as withdrawn accepting the undertaking recorded in para.3 of the joint compromise petition that no amount shall be claimed towards past and future maintenance due as per the impugned order; Mat.Appeal No.216 of 2004, Crl.M.C.No.856 of 2007, R.P.F.C No.23 of 2007 and W.P(C) No.31764 of 2007 3 v) Crl.M.C.No.856 of 2007 is dismissed as withdrawn with the direction that the amount of Rs.94,500/- along with interest due, if any, deposited before the Judicial First Class Magistrate Court-II, Perambra shall be released to Ms.Seenath, the wife. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/-