IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 4TH SEPTEMBER 2008 / 13TH BHADRA 1930 WP(C).No. 24585 of 2008(S) -------------------------- AGAINST THE ORDER 627/07 & 648/2006 & OP.106/2007 of FAMILY COURT,KOZHIKODE CMP.557/2007 of J.M.F.C.-V,KOZHIKODE .................... PETITIONER: ------------ T.P. SREEJA, AGED 32 YEARS, D/O APPUTTY, POOLENKARA, THEJAS P.O., PANTHEERANKAVU, KOZHIKODE. BY ADV. SRI.MANJERI SUNDERRAJ SMT.K.K.PREETHA RESPONDENTS: ------------- K.I. ANIL KUMAR,AGED 39 YEARS, S/O LATE SREEDHARAN,MELEPARAMBA, VAZHATHURUTHI, NEAR SWAPNA NAGARI, ERANHIPALAM P.O., KOZHIKODE. BY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.C.NO.24585/2008 A P P E N D I X PETITIONER'S EXHIBITS : EXT.P1 : TRUE COPY OF PETITION IN O.P. 106/07 EXT.P2 : TRUE COPY OF THE DRAFT AGREEMENT OF COMPROMISE/ SETTLEMENT BETWEEN THE petitioner AND respondent EXT.P3 : TRUE COPY OF PETITION FILED BY THE PETITIONER O.P.NO.627/07 FOR RETURN OF GOLD ORNAMENTS. EXT.P4 : TRUE COPY OF PETITION FILED BY THE PETITIONER O.P.648/06 FOR PAST AND FUTURE MAINTENANCE. EXT.P5 : TRUE COPY OF NALLALAM POLICE STATION FIR NO.226/2007 DATED 20.7.2007. EXT.P6 TRUE COPY OF COMPLAINT FILED BY THE petitioner CMP NO.557/07 UNDER D.V. ACT BEFORE THE JFCM COURT V, KOZHIKODE. KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------- W.P.(C) No.24585 of 2008 ---------------------------------------------- Dated 4th September, 2008. J U D G M E N T Kurian Joseph, J. Petitioner and respondent are parties to a marriage. They were married on 6.2.1994. A child by name Lal Krishna was born in the wedlock on 14.4.1996. The disputes cropped up thereafter and they were living separately ever since 20.9.2004 with an intend to terminate their marital relationship. In the meanwhile, they have been parties to various litigations before the Family Court and the criminal court. When the matter came up before us, we directed the parties to be present before this court. Thanks to the efforts taken by this court, it is seen that the parties have settled their disputes. They have filed I.A.11688/08 under Section 13B of the Hindu Marriage Act, praying for a decree of divorce on mutual consent. They have also filed the deed of compromise (Ext.P6). The terms of compromise are recorded. In the nature of the disputes between the parties, and in view of the long separation, we do not think that a further lie over period is necessary. We are also convinced that there is no collusion. 2. Accordingly, we allow I.A.11688/08. The marriage WP(C) NO.24585/08 2 between the petitioner and respondent is dissolved by a decree of divorce on mutual consent. Consequently, it has become unnecessary to continue the various litigations pending between the parties before the Family Court, Kozhikode. Accordingly, O.P.Nos.648/06, 106/07 and 627/07 are struck off from the file of the Family Court, Kozhikode. In order to secure the ends of justice, we find that the criminal proceedings at the instance of the parties also should be terminated. Hence Crime No.226/07 of the Nallalam police station and C.M.P.557/07 on the file of the Judicial First Class Magistrate V, Kozhikode are quashed. I.A.11688/08 and the annexure therein will form part of the judgment. KURIAN JOSEPH, JUDGE. HARUN-UL-RASHID, JUDGE. tgs KURIAN JOSEPH & HARUN-UL-RASHID, JJ ---------------------------------------------- W.P.(C) No.24585 of 2008 ---------------------------------------------- J U D G M E N T Dated 4th September, 2008.