IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 14TH OCTOBER 2008 / 22ND ASWINA 1930 Mat.Appeal.No. 522 of 2008() ---------------------------- OP.448/2007 of FAMILY COURT, KOTTAYAM .................... PETITIONER(S): --------------- 1. JUSTIN @ JOHN 30 YEARS VECHOORPADINJARETHIL HOUSE MANIMALA PO., MANIMALA KOTTAYAM 2. THOMAS, VECHOORPADINJARETHIL HOUSE MANIMAL PO., MANIMALA, KOTTAYAM. 3. MARIAMMA, DO.DO. BY ADV. SRI.P.VIJAYA BHANU SRI.THOMAS J.ANAKKALLUNKAL RESPONDENT(S): --------------- MARIYAMMA JUSTIN @ BLESSY, 25 YEARS, W/O.JUSTIN NJALLATHIL HOUSE CHERUVALLY PO., MANIMALA, KOTTAYAM. ADV. SRI.BECHU KURIAN THOMAS THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 14/10/2008, ALONG WITH MA NO. 523 OF 2008 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ------------------------------------------ Mat.Appeal Nos. 522 & 523 of 2008 ------------------------------------------- Dated this the 14th day of October 2008 JUDGMENT Harun-Ul-Rashid,J. Appellants, respondent and her father are present. O.P 444/2007 was filed by the respondent/wife as petitioner for a decree of divorce under Section 10A of the Indian Divorce Act and O.P 448/2007 for return of gold ornaments and money before the Family Court,Kottayam The Family Court, Kottayam by the common judgment dated 19.6.2008 allowed both petitions by way of a decree of divorce in favour of the respondent/wife and by a decree to the respondent/wife to realise Rs.2,50,000/- with 9% interest from the date of suit and 20 sovereigns of gold ornaments or its value with 9% interest from the appellants. In both cases the 1st appellant/husband filed appeals as Mat. Appeal Nos. 522/2008 and 523/2008. When the matter was taken up for final hearing, we have issued notice to the parties to appear in person. Accordingly the parties appeared before this court on more than one occasion. We have interacted with the parties on all such occasions. We also had the assistance of learned conciliator Smt. Sheela Devi. We are happy to note that the parties have settled their disputes. The parties jointly filed I.A. 2738/2001 in Mat.Appeal No. 523/2008 under Section 10 A of the Indian Divorce Act praying for a decree of divorce on mutual consent. They have also incorporated the terms of settlement arrived at between them in the said I.A. We are Mat.Appeal Nos. 522 & 523 of 2008 -2- convinced that the joint petition is filed out of free will and that there is no collusion between the parties We are also convinced that there is no possibility for the parties living together and their marital relationship is irretrievably broken. In view of the settlement we order that there is no necessity to wait for the statutory lie over period. Accordingly we waive the said period. A decree of divorce by mutual consent is passed with effect from today dissolving the marriage between the parties. As part of settlement the 1st appellant/husband paid Rs.4,50,000/- to the respondent/wife in full and final settlement of all monetary claims as against him. In view of the settlement arrived at between the parties, we feel that there is no necessity to continue C.C. 238/2007 pending before the Juridical First Class Magistrate Court-I, Kanjirappally. For securing the ends of justice the said proceedings are also to be terminated. Accordingly C.C. 238/2007 pending before the said court is quashed. The attachment of the immovable property ordered in O.P 448/2007 is hereby lifted. The terms of settlement as stated in I.A. 2738/2008 shall form part of the decree. These Mat. Appeals are disposed of as to the above extent. KURIAN JOSEPH, JUDGE HARUN-UL-RASHID, JUDGE es Mat.Appeal Nos. 522 & 523 of 2008 -3- ORDER Harun-Ul-Rashid,J The 1st appellant, respondent, and their parents are present. We had the assistance of the learned conciliator Smt. Sheela Devi. We have also talked to the parties at length. We are happy to note that the parties agreed to settle the disputes. Accordingly the parties agreed to file a joint petition under Section 10A of the Indian Divorce Act incorporating the terms of settlement. The appellants agreed to pay Rs.4.5 lakhs to the respondent in full and final settlement of all monetary claims as against him. The appellants requested this court to grant 2 months time to make the payment. The parties are directed to file a joint petition under Section 10 A of the Indian Divorce Act incorporating terms of settlement immediately after making the abovesaid payment. The appellants are given 2 months time to pay the said amount. In view of the proposed settlement all further proceedings in C.C. 238/2007 on the file of the J.F.M.C. Kanjirappally are stayed until further Mat.Appeal Nos. 522 & 523 of 2008 -4- orders. It is made clear that if the appellants are ready to pay the amount before the said date, they are at liberty to bring up the matter to the Bench at the earliest. Post on 14.10.2008. KURIAN JOSEPH, JUDGE HARUN-UL-RASHID, JUDGE es