IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 18TH NOVEMBER 2011 / 27TH KARTHIKA 1933 Crl.MC.No. 1912 of 2008() --------------------------------------- ( CMP.NO. 135/2007 IN MC.NO.12/2007 OF FAMILY COURT, THIRUVALLA) --------------------------- PETITIONER(S): RESPONDENT ---------------------------------------------- K.P.SUNILKUMAR, S/O PACHUPANICKER, KRISHNAMANGALAM HOUSE, VALLIKODE VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.S.MUHAMMED HANEEFF RESPONDENT(S): PETITIONER ----------------------------------------------- 1. BINDU M.V., D/O VIDHADHARAN, VINU BHAVAN, PARAYANALI MURI, OMALLOOR VILLAGE, KOZHENCHERRI TALUK, PATHANAMTHITTA DISTRICT. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. R2 BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 18/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts CRMC.NO.1912/2008 APPENDIX PETITIONER'S ANNEXURES: ANNEX A1 COPY OF THE COMPROMISE PETITION DATED 28/11/2002 IN OS NO.186/2000 ON THE FILE OF THE SUB COURT, PATHANAMTHITTA. ANNEX A2 COPY OF THE AGREEMENT DATED 20/12/05 EXECUTED BETWEEN THE PETITIONER AND THE RESPONDENT. ANNEX A3 COPY OF THE JUDGMENT IN OP(HMA)NO.772/2005 ON THE FILE OF THE FAMILY COURT, THIRUVALLA. ANNEX A4 COPY OF THE RECEIPT ISSUED BY THE RESPONDENT TO THE PETITIONER DATED 20/12/2005. ANNEX A5 COPY OF THE MP.NO.135/2007 IN MC.NO.12/2007 ON THE FILE OF FAMILY COURT, THIRUVALLA. ANNEX A6 COPY OF THE OBJECTION DATED 3/12/2007 IN MP NO.135/2007 FILED BY THE PETITIONER. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.S.TO.JUDGE sts N.K.BALAKRISHNAN, J. ---------------------------------------------------- Crl.M.C.No.1912 of 2008 ---------------------------------------------------- Dated this the 18th day of November, 2011 Order The petitioner is the respondent in M.C.No.12 of 2007 on the file of Family Court, Thiruvalla. C.M.P.No.135 of 2007 was filed by the wife and her minor daughter for arrears of maintenance. It is reported to be pending before that court. The learned counsel for the petitioner herein (who is the respondent before that court) submits that the entire matter was settled and lumpsum amount was paid and receipt was also obtained and an agreement was also entered into between the parties. Annexure A2 is stated to be the copy of that agreement. It is also pointed out that in the light of the settlement divorce was granted to the parties under Section 13B of the Hindu Marriage Act. The learned counsel submits that an objection was also filed in C.M.P.No.135 of 2007 before the Family Court, Thiruvalla stating all these aspects. 2. The 1st respondent, though served with notice, did not enter appearance before this court. Therefore, the petitioner is Crl.M.C.1912/2008 2 given liberty to file a petition with regard to the settlement stated to have been arrived at before the Family Court, Thiruvalla in C.M.P.No.135 of 2007. The petitioner can produce all those documents in support of his plea before that court. The Crl.M.C. is disposed of accordingly. N.K.BALAKRISHNAN, JUDGE. srd Crl.M.C.1912/2008 3