IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 10TH AUGUST 2009 / 19TH SRAVANA 1931 Mat.Appeal.No. 163 of 2007() ---------------------------- AGAINST THE ORDER DATED 20/12/2006 IN OP.458/04 & MC.166/05 IN OP.124/2004 of FAMILY COURT,KOZHIKODE .................... PETITIONER(S): RESPONDENT ------------------------- SINI.K., D/O.V.K.DAMODARAN, VADAKKE KANDI HOUSE, MAVOOR P.O., ADUVAD, MAVOOR AMSOM, PALLIYOD DESOM, KOZHIKODE TALUK. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): PETITIONER ------------------------- LEVEN TC, S/O.T.P.CHANDUKUTTY, THEKKE PUTHEN PURAYIL, VENAPPARA P.O., KODUVALLYA (VIA), KOODATHAI AMSOM, KERONTHIRI DESOM, KOZHIKODE TALUK. THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 10/08/2009, ALONG WITH MA NO. 164 OF 2007 RPFC NO. 195 OF 2007 MA NO. 235 OF 2007 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT & M.C. HARI RANI, JJ. ------------------------------------------------------- Mat. Appeal Nos.163, 164 & 235/07 & R.P.(FC) No.195/07 ------------------------------------------------------ Dated this the 10th day of August, 2009 JUDGMENT Basant,J. Both parties are present. They are represented by their counsel. An amount of Rs.3 lakhs is handed over by the husband to the wife and the same is accepted in full and final settlement of all the outstanding disputes between the parties. All outstanding disputes have been settled fully and finally by acceptance of this amount of Rs.3 lakhs by the wife from the husband, submit both counsel. They pray that appropriate orders may, in these circumstances, be passed in these proceedings. 2. Mat.A.No.163/07 is filed by the wife to challenge a decree of divorce granted in favour of the respondent/husband. The learned counsel for the appellant submits that the wife Mat. Appeal Nos.163, 164 & 235/07 & R.P.(FC) No.195/07 -: 2 :- accepts the divorce in view of the settlement and does not now want to challenge the decree of divorce. Mat.A.No.163/07 can hence be dismissed as not pressed now, submits the learned counsel for the appellant/wife. 3. Mat.A.Nos.164 & 235/07 are filed by the wife and the husband respectively challenging the order passed in O.P.No.458/04. In the light of the settlement of disputes between the parties, it is prayed by both sides that these appeals can now be dismissed and the impugned order can be upheld. They pray that it may further be recorded that the direction in the impugned order for payment of money by the husband to the wife has been discharged and no further relief is required in pursuance of the impugned order. These appeals can hence be dismissed making note of the fact of discharge of the amount due under the impugned order. 4. R.P.(FC) No.195/07 is filed by the husband assailing the order passed under Sec.125 Cr.P.C. in favour of the wife in M.C.No.166/05. Inasmuch as the amounts have been paid by the husband to the wife discharging his liability to pay Mat. Appeal Nos.163, 164 & 235/07 & R.P.(FC) No.195/07 -: 3 :- maintenance to her till death/re-marriage, the wife agrees and the petitioner/husband prays that the order passed under Sec.125 Cr.P.C. may be set aside. The learned counsel prays that the said request may be accepted. 5. In the result: (a) Mat.A.No.163/07 is dismissed as not pressed. The impugned order is upheld. (b) Mat.A.Nos.164 & 235/07 are dismissed. The impugned order in O.P.No.458/04 passed by the Family Court, Kozhikode, is upheld. It is recorded specifically that the amount due under the impugned order has already been paid and discharged by the husband to the wife. (c) R.P.(FC) No.195/07 is allowed. In the light of the payment admittedly made by the husband to the wife, the impugned order in M.C.No.166/05 under Sec.125 Cr.P.C. is set aside. 6. The learned counsel for the husband submits and the learned counsel for the wife accepts that as the husband has discharged his duties to pay maintenance till death/re-marriage Mat. Appeal Nos.163, 164 & 235/07 & R.P.(FC) No.195/07 -: 4 :- of the wife, the wife shall not be entitled to claim any further amount by way of maintenance from the husband. That fact is also recorded. Sd/- R. BASANT (Judge) Sd/- M.C. HARI RANI (Judge) Nan/ //True Copy// P.S. to Judge Mat. Appeal Nos.163, 164 & 235/07 & R.P.(FC) No.195/07 -: 5 :-