IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 6TH JUNE 2008 / 16TH JYAISHTA 1930 Mat.Appeal.No. 172 of 2007() ---------------------------- OP.272/2006 of FAMILY COURT, MALAPPURAM .................... APPELLANT/PETITIONER: ------------ SANTHOSH KUMAR K.P , 33 YEARS, S/O.P.SUBRAHMANIAN NAMBIAR, SURABHI, NEAR M.S.P.HOSPITAL, MALAPPURAM AMSOM DESOM, ERNADU TALUK,MALAPPURAM DISTRICT. BY ADV. SRI.ALAN PAPALI SRI.O.V.MANIPRASAD SRI.SOJAN MICHEAL RESPONDENT/RESPONDENT: ------------- DIVYA.V.R., 28 YEARS, D/O.RAGHAVAN NAIR DIVYA SREE, NEAR TALI TEMPLE, ANGADIPURAM AMSOM & DESOM, P.O.ANGADIPPURAM, PERINTHALMANNA TALUK,MALAPPURAM DISTRICT. BY ADV. SRI.DEVIDAS.U.K FOR R.1 THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 06/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & P.N.RAVINDRAN, JJ. -------------------------------------- Mat. Appeal.No.172 OF 2007 ------------------------------------- Dated 6th June, 2008 JUDGMENT Koshy,J . Marriage between the appellant and respondent was solemnised on 20.5.2004 as per the Hindu rites and custom, but, the marriage did not last long and from 15.3.2006 onwards they were living separately. We have called the parties and their parents. After discussions, we understood that the marriage is irretrievably broken and there is no way out to compel the parties to live together and we have advised for a settlement. Therefore, petition under section 13B of the Hindu Marriage Act was filed as they have agreed for divorce on mutual consent on the following terms: “1. The 1st petitioner husband will pay to the 2nd petitioner wife a lumpsum amount of Rs.10,00,000/= (Rupees Ten Lakhs only). Out of Rupees Ten lakhs, 6 lakhs has to be paid within one month from 6.6.2008 and Rupees 4 lakhs within 4 months thereafter. 2. The 2nd petitioner wife has stated that the Passport of the 2nd petitioner is with the 1st petitioner husband. But the 1st petitioner has stated that the passport of the 2nd petitioner wife cannot be traced. Hence, both the parties agree that it will be taken that the passport of the 2nd petitioner wife is lost. M.A.172/2007 2 3. The petitioners agree that there will not be any future claims between the spouses in connection with the marriage. The 2nd petitioner wife also will not claim any maintenance from 6.6.2008 as per the order passed in M.C.No.700/2006 dated 27.11.2007 of the Family Court, Malappuram. 4. The petitioners agree that the locker maintained in the joint account of the 1st petitioner and his father P.Subrahmanian Nambiar in the Malappuram Service Co-operative Bank can be opened in the 2nd petitioner's presence and any ornaments if any of the 2nd petitioner kept in the locker can be taken by the 2nd petitioner.” The above settlement is signed by the parties and attested by their advocates. Separate affidavits were also filed. They were also present in court. We are of the opinion that terms are fair and reasonable. In the above circumstances, marriage is dissolved by mutual consent under section 13B of the Hindu Marriage Act. We make it clear that the amounts mentioned in Clause 1 of the settlement should be paid as stipulated by Demand Draft in favour of the respondent Smt.Divya V.R. We also make it clear that the parties can re-marry only after the entire amount is paid as mentioned in the settlement and if the conditions of the settlement are violated, parties are free to approach this court for re-opening the matter. It is also agreed that the locker maintained by the appellant can be opened on M.A.172/2007 3 9.6.2008 as provided in clause 4 of the settlement. We make it clear that instead of the respondent, her representative or advocate can go and the locker should be opened in the presence of the Branch Manager of the Bank. The appeal is disposed of accordingly and the marriage is dissolved by mutual consent under section 13B of the Hindu Marriage Act in terms of the joint petition dated 6th June, 2008 (I.A.No.1271 of 2008) subject to the observations in this judgment. Issue photocopy today itself. J.B.KOSHY JUDGE P.N.RAVINDRAN JUDGE tks