IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 23RD SEPTEMBER 2008 / 1ST ASWINA 1930 Tr.Appeal(C).No. 5 of 2008 ---------------------------- ( AGAINST THE ORDER IN Tr. P(C)No. 130/2008 Dated 18/06/2008 ) APPELLANT/PETITIONER: ---------------------------------------- RONALD JOSE, AGED 39 YEARS, S/O.K.X.JOSEPH, ADVOCATE, KAKKARIYIL HOUSE, ARTHUNKAL. BY ADV. SRI.V.P.MOHAMMED NIYAZ ADV. SRI.K. ABDUL JAWAD RESPONDENT/RESPONDENT ------------------------------------------- LINDA THOMAS, AGED 36 YEARS, D/O.THOMAS, PUTHIYA PARAMBIL, CHERTHALA. BY ADV. SMT.C.G.BINDU ADV. SMT.C.G.AJITHA THIS TRANSFER APPEAL(CIVIL) HAVING BEEN FINALLY HEARD ON 23/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & K.T. SANKARAN, JJ. ........................................................................ TRANSFER APPEAL No. 5 OF 2008 & I.A. No. 2155 OF 2008 ......................................................................... Dated this the 23rd September, 2008 J U D G M E N T Kurian Joseph, J: This appeal is filed against the order of this Court in Tr.P(C)No. 130 of 2008. The appellant is the petitioner therein. The petitioner sought for the transfer of O.P. No. 71 of 2008 on the file of the Family Court, Alappuzha to the Family Court, Ernakulam on the ground that he is a practicing lawyer before that Court. O.P.No. 71 of 2008 is filed by the respondent herein for divorce. When the appeal was posted before us, in exercise of our power under Order XXXIIA Rule 3, we directed the parties to be present before this court. We also had the assistance of Smt. Thushara James, a learned counsel of this court as conciliator. Thanks to the efforts taken by the conciliator, thanks to the co- operation extended by the learned counsel appearing on both sides and the parties and thanks to the efforts taken by this Court. It is seen that the parties have settled the disputes between them amicably. True they have decided to part, but parting appears to be inevitable. The appellant and respondent who are parties to the marriage have accordingly filed I.A.No. 2155 of 2008, a joint petition under Section 28 of the Special Marriage Act, 1954 praying for dissolution of the marriage. The parties were present before us on 17.09.2008 and they are present before us today also. We have interacted with the parties and we are convinced that there is no force, fraud, undue influence or collusion. TRANSFER APPEAL No. 5 OF 2008 & I.A. No. 2155 OF 2008 2 We do not find any ground for not granting the relief prayed for in the joint petition. 2. The parties were married on 12.02.2005. It is seen that they are living separately ever since 14.11.2005. In the background of the parties, we do not find it necessary to insist them to wait for the lie over the period. Accordingly, I.A.No. 2155 of 2008 is allowed and the marriage between the appellant and the respondent is dissolved with effect from today. 3. In view of the order as above, it is unnecessary to continue the proceedings in O.P.No. 71 of 2008 pending before the Family Court, Alappuzha. Therefore, O.P.No.71 of 2008 on the file of the Family Court, Alappuzha shall stand struck off from the file of the said Court. I.A.No.2155 of 2008 will form a part of this judgment. 4. We fix the fees of the conciliator as Rs. 5,000/- (Rupees five thousand only) which will be shared between the parties equally. The Transfer Appeal is disposed of as above. KURIAN JOSEPH, JUDGE. K.T. SANKARAN, JUDGE. lk