IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 22ND DECEMBER 2009 / 1ST POUSHA 1931 Mat.Appeal.No. 483 of 2008() ---------------------------- OP.887/2006 of FAMILY COURT, THIRUVALLA .................... PETITIONER(S): APPELLANT/RESPONDENT ----------------------------------- BINDU VARGHESE, W/O.VARGHESE.P.MANOJ, BEENA VILASAM, MUNDIAPALLY MURI, KAVIYOOR VILLAGE, THRISSUR TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.ABRAHAM SAMSON RESPONDENT(S): PETITIONER ------------------------- VARGHESE.P.MANOJ, PUTHENCAVIL HOUSE, KARILULAM MURI, ATHIKAYAM VILLAGE, RANNY THRISSUR TALUK, PATHANAMTHITTA DISTRICT. ADV. SRI.JACOB P.ALEX FOR R1 THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 22/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT & M.C. HARI RANI, JJ. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Mat. Appeal No. 483 of 2008 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 22nd day of December, 2009 JUDGMENT The parties have already settled their disputes in the presence of a Conciliator appointed by the court and an application has been filed, incorporating the terms of the settlement. In the said compromise petition/agreement, which was presented on 12-12-2009, both contestants have signed and the agreement/petition is counter-signed by their counsel and also the Mediator. 2. Today when the matter came up for hearing, both parties are present and they are represented by their counsel. It is submitted that an amount of Rs.5 lakhs is being handed over to the appellant and that an amount of Rs.10 lakhs has been deposited in the name of the child and the said Fixed Deposit shall be handed over today. In these circumstances, the learned counsel for the appellant submits that the appellant is not pressing this appeal and the appeal may be dismissed upholding the impugned order. 3. Though in the agreement it is stated that a fresh petition for divorce by mutual consent shall be filed, the said term is modified and it is now agreed that this appeal can be dismissed as not pressed, thereby accepting the termination of the marriage between the parties. Subject to the said modification, the terms in the compromise agreement entered into in the presence of the Conciliator are accepted. Mat.A.483/08 2 4. We are satisfied that the submission of the learned counsel for the appellant that the appeal can now be dismissed as not pressed to facilitate immediate acceptance of the termination of the mutual tie. 4. Accordingly:- a) This appeal is dismissed as not pressed. b) The compromise petition/agreement, duly signed by the parties and counter-signed by their counsel as also the Mediator presented on 12-12-2009 shall be appended to this appellate decree. R. BASANT, JUDGE. M.C. HARI RANI, JUDGE. Mn.