IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 5TH NOVEMBER 2009 / 14TH KARTHIKA 1931 WP(C).No. 21885 of 2008(S) -------------------------- OP.561/2007 of FAMILY COURT, ALAPPUZHA .................... PETITIONER(S): --------------- K.V.INDIRA, D/O.VASUDEVA PANICKER, AGED 42 YEARS, KUNNATHUKALATHIL HOUSE, KIZHAKKUM BHAGOM, KUMARAKOM KARA, KUMARAKOM VILLAGE, KOTTAYAM TALUK. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): --------------- 1. K.R.DILEEP KUMAR, S/O.LATE T.V.RAGHAVAN, KALIYANATTU VELLIYIL HOUSE, MARARYKULAM NORTH VILLAGE, CHERTHALA TALUK, ALAPPUZHA DISTRICT. 2. WILFY BIVERA, S/O.A.W.BIVERA, H.NO.C.C.20/1344, MUNDANVELI, RAMESWARAM VILLAGE, COCHIN TALUK. ADDL.R3. MRS.GIRIJA KUMARI, AGED 52, W/O.K.S.MADHU, AND D/O.T.V.RAGHAVAN, RESIDING AT DWARAKA, VANCHIYOOR KARA, VANCHIYOOR VILLAGE, THIRUVANANTHAPURAM. (IMPLEADED AS PER ORDER DATED 30/09/2008 IN I.A.NO.12500/2008 IN WPC NO.21885/08) ADDL. R4 DIANA.D., D/O.K.V.INDIRA, KUNNATHUKULATHIL, KUMARAKOM.P.O., KOTTAYAM DIST. (IMPLEADED AS PER ORDER DATED 29/6/2009 IN I.A.NO.5950/09 IN WPC.NO.21885/08) ADV. SMT.N.N.GIRIJA FOR R1 SRI.S.SREEKUMAR FOR R3 SRI.KALEESWARAM RAJ FOR ADDL R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. * * * * * * * * * * * * * W.P.(C).No.21885 of 2008 ---------------------------------------- Dated this the 5th day of November 2009 J U D G M E N T Basant,J The petitioner has come to this court with a very short prayer. She prayed that an application for divorce filed by her husband which was pending before the Family Court, Alappuzha as O.P.No.561/2007 under Section 13 of the Hindu Marriage Act may be directed to be disposed of expeditiously. The Bench which dealt with the matter found the possibility of a harmonious settlement and strained to induce the parties to come to a settlement. The 1st respondent herein is the husband who has filed the said O.P. The 2nd respondent herein is the adulterer who was contumaciously responsible for the alleged adultery of the petitioner herein. During the pendency of the proceedings, the sister of the 1st respondent has been arrayed as the additional 3rd respondent. The daughter of the spouses has been arrayed as the 4th respondent. 2. To cut a long story short, the parties were referred to the mediator and the parties - the petitioner, her husband - the W.P.C No.21885/08 2 1st respondent, daughter - the 4th respondent and the son of the spouses has now settled all their outstanding disputes by the mediated settlement. The 3rd respondent - the sister of the 1st respondent is not a party to that settlement. 3. The parties have, under the mediated settlement, agreed to settle all their outstanding disputes. The mediated settlement is dated 08/10/2009. The same has been placed before court along with the report dated 26/10/2009 submitted by the mediator. The said mediated settlement is signed by the petitioner, the 1st respondent and the 4th respondent, who are parties to this proceedings as also Deepak, the son of the spouses as an additional consenting party. The petitioner, the 1st respondent and the 4th respondent now pray that this writ petition may now be closed recording the mediated settlement agreement of the parties leaving it open to the petitioner and the 1st respondent to take such further steps as may be necessary. 4. The petitioner is not represented by her counsel now. The petitioner is personally present today. She confirms that she has voluntarily entered the mediated settlement agreement and that she stands by the terms of the settlement. This ascertainment became necessary as the mediated settlement is W.P.C No.21885/08 3 not duly countersigned by her counsel. The mediator is present before court as directed to apprise this court of the sequence of events. We are now satisfied that this writ petition can now be dismissed recording the fact that the petitioner and the 1st respondent have settled all their outstanding disputes as per the terms of the mediated settlement and leaving it open to them to take such further steps as may be necessary in accordance with law and in accordance with the settlement. 5. The 3rd respondent submits that the 3rd respondent is not a party to the settlement and it may be clarified that the rights of the 3rd respondent shall in no way be affected by the mediated settlement. The 3rd respondent is not really a party to the writ petition as originally filed. She happened to be brought on the array of parties only because of certain proposals for settlement which were suggested in the course of the proceedings. She has admittedly not been a party to the mediated settlement. We make it clear that the mediated settlement shall not affect the rights, if any, of the 3rd respondent to seek appropriate reliefs in accordance with law. W.P.C No.21885/08 4 6. In the result, a) This writ petition is allowed in part. All interim directions issued in the course of the proceedings are vacated. b) Further proceedings in this writ petition are closed. The mediated settlement agreement duly signed by the petitioner and the 1st respondent and by the consenting parties - the 4th respondent and the son of the spouses is recorded. The same shall be appended to the judgment in this writ petition. 7. Remuneration for the mediator has not been fixed. In the circumstances of the case, we direct the petitioner and the 1st respondent to pay an amount of Rs.7,500/- each to the mediator as remuneration within a period of thirty days. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) jsr W.P.C No.21885/08 5 W.P.C No.21885/08 6 R.BASANT & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 29/07/2009