IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 20TH OCTOBER 2008 / 28TH ASWINA 1930 Mat.Appeal.No. 630 of 2008() ---------------------------- OP(HMA)NO.342/2007 AND OP.NO.343/2007 OF FAMILY COURT, THIRUVALLA M.C.No.116/2007 OF FAMILY COURT, THIRUVALLA C.C.No.173/2008 of JUDICIAL FIRST CLASS MAGISTRATE COURT, CHENGANNUR. PETITIONER(S): APPELLANTS/RESPONDENTS ------------------------------------- 1. SAJEEV KUMAR, AGED 37 YEARS, S/O. SIVANANDAN,RESIDING AT THOTTUPURATH ANANDAVILASOM VEEDU, KODUKULANJI P.O., ALA VILLAGE, CHENGANNUR TALUK. 2. SIVANANDAN, AGED 65 YEARS, FATHER OF FIRST APPELLANT, RESIDING AT THOTTUPURATH ANANDAVILASOM VEEDU, KODUKULANJI P.O., ALA VILLAGE, CHENGANNUR TALUK. 3. SANTHAMMA, AGED 58 YEARS, MOTHER OF 1ST APPELLANT, RESIDING AT THOTTUPURATH ANANDAVILASOM VEEDU, KODUKULANJI P.O, ALA VILLAGE, CHENGANNUR TALUK. BY ADV. SRI.IYPE JOSEPH RESPONDENT(S): --------------- SUDHARMA, AGED 30 YEARS, PARIYARATH MELETHIL EDAYARAMULA MURI, ARANMULA VILLAGE KOZHENCHERY TALUK. ADV. SRI.P.HARIDAS THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 20/10/2008, ALONG WITH MAT. APPEAL NO.631/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON I.A.NO.2298/2008 IN MAT.APPEAL No.630/2008 CLOSED. SD/-P.R.RAMAN, JUDGE SD/-T.R.RAMACHANDRAN NAIR, JUDGE 20/10/2008 \\TRUE COPY// P.A TO JUDGE P.R.Raman & T.R. Ramachandran Nair, JJ. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Mat.Appeal Nos.630/2008-G and 631/2008-A & I.A.No.2792/2008 in 630/2008 ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 20th day of October, 2008. J U D G M E N T Raman, J. Both the appeals are preferred by the husband. The marriage between the parties was solemnised on 13/09/2003 and the child was also born on 09/09/2004. The wife filed O.P.No.343/2007 before the Family Court, Thiruvalla, for recovery of an amount paid as paternal share and value of 37.5 sovereigns from the appellant. The wife also filed O.P.No.342/2007 for dissolution of marriage and also M.C.No.116/2007 for maintenance of herself and the child, before the same court. O.P.(HMA) Nos.342/2007 and 343/2007 were tried together and allowed. M.C.No.116/2007 was also allowed. Even though as against the judgment in M.C.No.116/2007 a revision was filed before this Court, that was subsequently withdrawn. As such, what remains to be decided is only Mat.Appeal Nos.630/2008 and 631/2008 as noticed above. Mat.Appeal Nos.630 and 631/2008 -:2:- 2. During the pendency of the proceedings, the parties filed a joint petition compromising the matter. As per the joint petition (I.A.No.2792/2008 in Mat.Appeal No.630/2008), it is agreed that a decree for divorce dissolving the marriage between the first and the fourth petitioner in the I.A be granted and the husband be directed to pay Rs.3,00,000/- to the wife within six months, failing which the same shall carry 12% interest per month. The attachment over the property will continue until the entire amount as aforesaid is paid. It is also agreed between the parties that other cases now pending before the Judicial First Class Magistrate Court and the Family Court will be withdrawn by the parties. They may do so. The Mat.Appeals are disposed of as above. (P.R. Raman, Judge.) (T.R. Ramachandran Nair, Judge.) ms