IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 2ND NOVEMBER 2009 / 11TH KARTHIKA 1931 Mat.Appeal.No. 487 of 2007(E) ---------------------------- OP.654/2006 of FAMILY COURT, MALAPPURAM .................... PETITIONERS : APPELLANTS/RESPONDENTS ------------------------------------- 1. ABID, 26 YEARS, S/O.KUNNATH ABU, RESIDING AT KUNNATHANGADI, IRINGATTIRI P.O., MALAPPURAM DISTRICT. 2. KUNNATH ABU, RESIDING AT KUNNATHANGADI, IRINGATTIRI P.O., MALAPPURAM DISTRICT. BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENT : PETITIONER ------------------------- RAMLATH, 24 YEARS, D/O.PARVETTI ABDULA, P.O.AMBALAKKADAVU, KALIKKAVU. ADV. SMT.K.V.RESHMI FOR R1 THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 02/11/2009, ALONG WITH RPFC NO.351 OF 2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. ------------------------------------ Mat.Appeal No.487 of 2007 and R.P.F.C No.351 of 2007 ------------------------------------- Dated this the 2nd day of November, 2009 JUDGMENT/ORDER BASANT, J. This Matrimonial Appeal and the Revision Petition arise from a common order. By the impugned common order, O.P.No.654 of 2006 filed by the respondent/wife was allowed and the appellants were directed to pay an amount of Rs.4,62,120/- along with interest and cost to the respondent/wife. M.C.No.535 of 2006 was also allowed and the revision petitioner/husband was directed to pay maintenance @ Rs.1,500/- per mensem to the wife and Rs.600/- per mensem to the child. 2. When these matters came up for hearing, the learned counsel for the respondent submitted that the matter has been settled between the parties and a proper agreement has been entered into between the parties. As per the said agreement, the marriage has been dissolved and an amount of Rs.2,15,000/- has been paid by the appellant/husband to the respondent/wife in full Mat.Appeal No.487 of 2007 & R.P.F.C No.351 of 2007 2 satisfaction of all her claims. The marriage has been dissolved and the entire amount payable under the Muslim Women's (Protection of Rights on Divorce) Act has also been paid. The amount of Rs.2,15,000/- is received in full settlement of all such claims, submits the learned counsel for the respondent. It is further submitted that consequent to the divorce, the wife is not entitled for any amount as maintenance and claim for maintenance of the wife is also settled accepting that she is not entitled to any further amount. So far as the claim for the child is concerned, the court below has issued a direction under Section 125 Cr.P.C to pay an amount of Rs.600/- per mensem from the date of the claim and that is accepted by the respondent/husband. The learned counsel for the respondent prays that orders may be passed accordingly. The learned counsel for the appellants/revision petitioners was requested to take instructions. The counsel submits that though the 1st appellant/husband was informed of the submissions of the counsel for the respondent, he has not chosen to give any instructions. Today the respondent/wife is present. But the 1st appellant/revision petitioner/husband is not present. Mat.Appeal No.487 of 2007 & R.P.F.C No.351 of 2007 3 3. We are, in these circumstances, satisfied that the submissions of the learned counsel for the respondent can be accepted and appropriate orders can be passed in this Matrimonial Appeal. The learned counsel for the respondent has placed before us a copy of the divorce agreement entered into between the 1st appellant/husband and the respondent/wife. 4. In the result: a) Matrimonial Appeal No.487 of 2007 is allowed as agreed. The impugned order is set aside. It is recorded that the respondent has received amounts in full satisfaction and settlement of the claim raised in O.P.No.654 of 2006. b) R.P.F.C No.351 of 2007 is allowed in part as agreed. The direction to pay maintenance to the 1st respondent/wife is set aside recording that the said claim has been satisfied. The direction to pay maintenance to the 2nd respondent/child @ Rs.600/- (Rupees Six hundred only) from the date of the petition is upheld. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/-