IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 23RD JUNE 2008 / 2ND ASHADHA 1930 Mat.Appeal.No. 609 of 2007() ---------------------------- OP.215/2006 of FAMILY COURT, KOTTAYAM .................... PETITIONER: PETITIONER: ----------------------- 1. CHERIYAN XAVIOR, AGED 53 YEARS, S/O.XAVIOR, VESHNAL(H), P.O.KAVALE, PAIPPED VILLAGE CHANGANACHERRY TALUK, KOTTAYAM DISTRICT. 2. JOSEPH VARGHESE, AGED 41 YEARS, S/O.VARGHESE, KUMBUKKAD (H), PAIPPADU MURI, PAIPPADU VILLAGE, CHANGANACHERRY TALUK, KOTTAYAM DISTRICT. 3. JOSHY GEORGE, AGED 34 YEARS, S/O.GEORGE, MALANKAVU (H), PAIPPADU MURI, PAIPPADU VILLAGE, CHANGANACHERRY TALUK, KOTTAYAM DISTRICT. P.C.KAVALA, PAIPPAD VILLAGE. 4. AUGUSTI, S/O.JOSEPH AGED ABOUT 42 YEARS, AZHIMUKHOM(H), VAZHAPPALLY P.O., VAZHAPPALLY PADINJATTUM BHAGOMMURI AND VILLAGE, CHANGANACHERRY TALUK, KOTTAYAM DIST. BY ADV. SRI.JOMY GEORGE RESPONDENTS: RESPONDENT: ------------------------ 1. THOMAS JOSEPH & BABICHAN, THIRUNALLOOR (H), PULIKKALLU P.O., KARIKKATTOOR, KARIKKATTOOR VILLAGE, KANJIRAPPALLY TALUK. 2. RAJEENA JOHNSON, W/O.JOHNSON, THIRUNALLOOR (H), PULIKKALLU P.O., KARIKKATTOOR VILLAGE, KANJIRAPPALLY TALUK. BY ADV. SRI.LIJI.J.VADAKEDOM FOR R1&2 THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 23/06/2008, ALONG WITH MA NO.634 OF 2007 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ----------------------------------------- Mat.Appeal Nos.609 & 634 of 2007 ----------------------------------------- Dated this the 23rd day of June, 2008 JUDGMENT Kurian Joseph,J. Mat.Appeal No.609/2007 arises from O.P.No.215/2006 and Mat.Appeal No.634/2007 arises from O.P.No.214/2006, both on the file of the Family Court, Kottayam. During the pendency of the appeals, the parties have entered a compromise and they have filed I.A.No.1436/2008. In terms of the compromise between the parties the judgment and decree in O.P.No.214/2006 is set aside and the said original petition is dismissed. The judgment and decree in O.P.No.215/2006 is also set aside and the original petition is decreed. The undertaking that Rajeena Johnson has no further claim is also recorded and therefore, no further orders are required in O.P.No.96/2004 now pending on the file of the Family Court, Ettumanoor. Therefore, O.P.No.96/2004 is struck off from the files of the said Court. The appeals are disposed of as above. I.A.No.1436/2008 will form part of the decree. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) ahg. KURIAN JOSEPH & HARUN-UL-RASHID, JJ. --------------------------- Mat.Appeal Nos.609 & 634 of 2007 ---------------------------- JUDGMENT 23rd June, 2008