IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 8TH SEPTEMBER 2009 / 17TH BHADRA 1931 WP(C).No. 18711 of 2009(R) -------------------------- OP.432/2006 of FAMILY COURT, THIRUVALLA OP.907/2006 of FAMILY COURT,ERNAKULAM .................... PETITIONER: --------------- SINI RACHEL OMMEN ,D/O.MATHEW OOMMEN, RESIDING AT KATTANACHERIL HOUSE,ERAVIPEROOR PO PATHANAMTHITTA DISTRICT REPRESENTED BY HER POWER OF ATTORNEY HOLDER MATHEW OOMMEN KATTANACHERIL HOUSE, ERAVIPEROOR P.O.PATHANAMTHITTA DISTRICT. BY ADV. SMT.P.V.PARVATHI SMT.REENA THOMAS SRI.L.RAM MOHAN SRI.N.JAMES AUGUSTINE RESPONDENTS: --------------- 1. JIBY JOHN GEORGE,S/O. SRI.V.GEORGE ULAHANNAN RESIDING AT FLAT NO.201 STAR LAGOON,KONTHURUTHI,THEVARA, ERNAKULAM DISTRICT (NOW TEMPORARILY STAYING FOR THE PURPOSE OF EMPLOYMENT AT P.O.BOX NO.19636, DUBAI UNITED ARAB EMIRATES 2. GEORGE ULAHANNAN, VAZHATHOTTATHIL VEEDU MELUKAVU MURI, MELUKAVU VILLAGE, MEENACHIL TALUK, KOTTAYAM DISTRICT. 3. MARIYAMMA ULAHANNAN VAZHATHOTTATHIL VEEDU, MELUVAKU MURI MELUKAVU VILLAGE, MEENACHIL TALUK KOTTAYAM DISTRICT. 4. THE MANAGER THE FEDERAL BANK LTD, ERAVIPEROOR BRANCH THIRUVALLA, PATHANAMTHITTA DISTRICT. ADDL.R5. CANARA BANK, THODUPUZHA BRANCH REPRESENTED BY ITS MANAGER. IS IMPLEADED AS ADDL.R5 AS PER ORDER DATED 20-8-2009 IN I.A. NO. 10524/09. ADV. SRI.GEORGE VARGHESE (MANACHIRACKEL) FOR R4 SRI.P.GOPAKUMARAN NAIR SRI.C.S.DIAS SRI.N.K.SUBRAMANIAN SRI.P.GOPINATH MENON, SC, CANARA BANK FOR ADDL.R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/08/2009, THE COURT ON 08/09/2009 DELIVERED THE FOLLOWING: W.P.(C)NO.18711/2009 PETITIONER'S EXTS: EXT.P1: COPY OF THE OP 907/06 FILED BEFORE THE FAMILY COURT, ERNAKULAM. EXT.P2: COPY OF THE JUDGMENT IN O.P.NO. 432/06 OF THE FAMILY COURT, THIRUVALLA. EXT.P3: COPY OF MARRIAGE INVITATION CARD FROM THE SIDE OF THE PETITIONER. EXT.P4: COPY OF MARRIAGE INVITATION CARD FROM THE SIDE OF THE 1ST RESPOONDENT. EXT.P5: COPY OF THE PETITION FILED BEFORE THE FAMILY COURT, ERNAKULAM BY THE PETITIONER FOR DIRECTION TO PRODUCE THE PASSPORT OF THE 1ST RESPONDENT. EXT.P6: COPY OF THE PETITION FILED BEFORE THE FAMILY COURT, ERNAKULAM BY THE PETITIONER FOR HEARING THE MAINTAINABILITY. R.BASANT & M.C. HARI RANI,JJ ============================== W.P.(C)NO. 18711 OF 2009 ============================ DATED THIS THE 8TH DAY OF SEPTEMBER 2009 JUDGMENT Basant,J. The parties to this writ petition are parties in O.P.(Div) No.907/2006 pending before the Family Court, Ernakulam and O.P.No.432/2006 pending before the Family Court, Thiruvalla. This writ petition is filed by the petitioner seeking inter alia expeditious disposal of the proceedings between the parties by the Family Courts. 2. Before this Court, the parties were referred to a Mediator and we note with satisfaction that the parties have settled all their disputes in the presence of the Mediator. 3. A settlement has been arrived at between the parties before the Mediator and the said settlement duly signed by the parties and counter signed by the respective counsel has been filed before court by the Mediator. The learned counsel for the parties and the Mediator are present before court. They pray that the writ petition may be disposed of accepting the settlement arrived at between the parties and issuing specific directions in terms of the settlement. WPC.18711/2009 -2- 4. In the result, this writ petition is allowed accepting the settlement dated 7-9-2009 arrived at between the parties. The said settlement shall form part of this judgment. The following further directions are issued . i)The parties shall be at liberty to move the Family Court, Ernakulam to advance hearing of O.P.(Div)No.907/2006 and get the same dismissed as withdrawn. They shall be at liberty to file a joint application for divorce before the Family Court under Section 10A of the Divorce Act on 14-9-2009. The Family Court shall dispose of the same as expeditiously as possible. ii)Ornaments belonging to the petitioner and the 3rd respondent which are available in Locker No.55 of Canara Bank, Thodupuzha and which have been separately kept by the Mediator shall be returned to the respective parties by the Mediator after getting due acknowledgment from them. Thereafter, the key of the locker shall be handed over to the 3rd respondent by the Mediator. Needless to say, the 3rd respondent shall be at liberty to further operate the said locker. iii)F.D.No.306546 in the joint name of the petitioner and the first respondent shall be handed over by the first respondent to the petitioner and the petitioner shall be at liberty to get the said amount released from the Federal Bank,4th respondent herein. WPC.18711/2009 -3- 5. Appropriate applications can be filed by the parties jointly before the courts concerned for carrying out the other terms of the settlement. The courts concerned shall expeditiously pass appropriate orders on such applications. 6. The petitioner and respondents 1 to 3 agree and undertake that an amount of Rs.7500/- shall be paid by the petitioner to the Mediator and a further amount of Rs.7500/- shall be paid by respondents 1 to 3 together to the Mediator(Total Rs.15,000/-). Handover. R. BASANT, JUDGE M.C. HARI RANI,JUDGE ks. WPC.18711/2009 -4-