IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 2ND SEPTEMBER 2008 / 11TH BHADRA 1930 Mat.Appeal.No. 163 of 2008() ---------------------------- OP.246/2004 of FAMILY COURT, KASARAGOD .................... PETITIONER: APPELLANT --------------------- SMITHA,D/O.CHANDRAN NAIR VATTAKANDIYIL HOUSE, PO MALAYAMMA, R.E.C, KOZHIKODE. BY ADV. SRI.M.P.MOHAMMED ASLAM RESPONDENTS: ------------- SREEKUMAR, AGED 40 YEARS, S/O.GOVINDA MENON, UDAYA BHAVAN, K.G.ESTATE PUCHAVAYAL, PANAMARAM, P.O.,KAYAKUNNU, WYNAD DISTRICT. BY ADV. SRI.DEVAPRASANTH.P.J. THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION ON 02/09/2008, ALONG WITH MAT.APPEAL NO.174/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ----------------------------------------- Mat.Appeal Nos.163 & 174 of 2008 and R.P.(F.C)No.75 of 2008 ----------------------------------------- Dated this the 2nd day of September, 2008 JUDGMENT Kurian Joseph,J. The parties to these cases are husband and wife. The wife is aggrieved by the orders passed by the Family Court, Kozhikode in O.P.No.246/2004 in the matter of divorce, O.P.No.247/2004 in the matter of return of money and gold ornaments and M.C.No.119/2004 in the matter of maintenance. When the matters came up before us we directed the parties to be present before us. We have talked to the parties extensively. We also had the assistance of Smt.Jayalatha as Conciliator. Thanks to the efforts taken by the Conciliator, learned counsel for the parties and this court, the parties have decided to settle the disputes amicably. True they have decided to part. But parting appears to be inevitable. Incorporating the terms of the settlement they have filed a petition under Section 13B of the Hindu Marriage Act. Their marriage is on 22-8-2003. Since about a month thereafter they have been living separately. In Mat.Appeal Nos.163 & 174 of 2008 and R.P.(F.C)No.75 of 2008 -:2:- the above circumstances we do not find any need for a further lie over period. We are also convinced that there is no collusion between them. Accordingly I.A.No.2353/2008 is allowed and the marriage between the appellant Smt.Smitha.V.K. and the respondent Sri.Sreekumar.K. is dissolved by a decree of divorce on mutual consent. We find that in order to secure the ends of justice, the criminal proceedings initiated at the instance of the appellant should also be put and end to. Accordingly the proceedings in Crime No.71/2004 on the file of the Kunnamangalam Police Station are quashed. The Mat.Appeals and the R.P.F.C. are disposed of as above.I.A.No.2353/2008 will form part of the decree. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) ahg. KURIAN JOSEPH & HARUN-UL-RASHID, JJ. --------------------------- Mat.Appeal Nos.163 & 174 of 2008 and R.P.(F.C)No.75 of 2008 ---------------------------- JUDGMENT 2nd September, 2008