IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 16TH JANUARY 2008 / 26TH POUSHA 1929 WP(C).No. 33445 of 2007(S) -------------------------- OP.1151/2007 of FAMILY COURT,THRISSUR .................... PETITIONER: ------------ 1. BALU BHAHULEYAN, AGED 28 YEARS, S/O BHAHULEYAN, ASWATHI HOUSE, 48/1295, KOCHI CORPORATION, ELAMAKKARA DESOM, EDAPPILLY VILLAGE, KANAYANNUR TALUK. 2. BHAHULEYAN, AGED 60 YEARS, S/O AYYAPPAN, ASWATHI HOUSE, 48/1295, KOCHI CORPORATION, ELAMAKKARA DESOM, EDAPPILLY VILLAGE, KANAYANNUR TALUK. 3. PRASANNAKUMARI, AGED 53 YEARS, W/O 2ND PETITIONER BY ADV. SMT.K.GIRIJA RESPONDENT: ------------- SHELMA, AGED 20 YEARS, W/O BALU BAHULEYAN, ASWATHI HOUSE, 48/1295, KOCHI CORPORATION, ELAMAKKARA DESOM, EDAPPILLY VILLAGE, KANAYANNUR TALUK, D/O PARAYIL MOHANAN, EDATHIRINJI VILLAGE, DESOM, MUKUNDAPURAM TALUK. BY ADV. SRI.P.VIJAYA BHANU SRI.M.GEORGE THOMAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C)No.33445/2007 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF THE OP 1151/2007 FILED BY THE RESPONDENT BEFORE THE FAMILY COURT THRISSUR. EXT.P2. TRUE COPY OF THE AFFIDAVIT DATED 6-10-2007 FILED BY PETITIONERS 1 AND 2 BEFORE THE FAMILY COURT, THRISSUR. EXT.P3. TRUE COPY OF THE FINAL ORDER DATED 6-10-2007 IN O.P.NO.1151/2007 ON THE FILE OF THE FAMILY COURT, THRISSUR. EXT.P4. TRUE COPY OF IA 4156/07 FILED BY THE PETITIONERS IN O.P.1151/07. EXT.P5. TRUE COPY OF THE IA 4146/07 FILED BY THE RESPONDENT. / TRUE COPY / P.S.TO JUDGE KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ----------------------------------------- W.P(C)No.33445 of 2007 ----------------------------------------- Dated this the 16th day of January, 2008 JUDGMENT Kurian Joseph,J. Petitioners approached this court aggrieved by Ext.P3 order passed by the Family Court, Thrissur in O.P.No.1151/2007. That original petition was filed by the respondent herein for return of the gold ornaments. The Family Court directed the Advocate Commissioner to open the locker maintained by the parties in Dhanalakshmi Bank, Kaloor Branch, Ernakulam, prepare an inventory and hand over the same to the respondent herein. When the writ petition came up for admission we directed the parties to appear before us by order dated 13-11- 2007. The parents were also called. After a few sessions, it appears the parties have realised that it is in their interest to part as friends. Therefore it was reported to this court that they are prepared to file a joint petition for divorce on mutual consent. The parties are present before us today also. They have filed I.A.No.888/2008 under Section 13B(2) of the Hindu Marriage Act, 1955. We talked to the parties. We are convinced that there is W.P(C) NO.33445/2007 -:2:- no collusion between them and that the petition is filed out of their own free will, after having seriously deliberated over the entire aspects of the matter. The parties have been living separately since 10-10-2006. The marriage was solemnized on 9-9-2006. The parties are before the Family Court since August, 2007. In view of the above factual background of the case we are convinced that this is a fit case where the parties need not be directed to wait for another six months and continue the strained relationship. Therefore, I.A.No.887/2008 for waiving the statutory period is allowed. I.A.No.888/2008 is also allowed. The marriage between the first petitioner Balu Bhahuleyan and the respondent Shelma is dissolved by a decree of divorce on mutual consent. 2. Since the entire disputes between the parties have been settled as stated in the affidavits accompanying I.A.Nos.887/2008 and 888/2008, it is submitted before us that they do not want to pursue the criminal case pending before the Judicial First Class Magistrate I, Irinjalakuda as C.C.No.1508/2007. It is also submitted that no further orders in W.P(C) NO.33445/2007 -:3:- O.P.No.1151/2007 on the file of the Family Court also are necessary. In the interests of justice and in the interests of the parties we are of the view that the entire issues have to be given a quietus. Therefore, C.C.No.1508/2007 pending before the JFCM I, Irinjalakuda is quashed. O.P.No.1151/2007 on the file of the Family Court, Thrissur is struck off. 3. We record our appreciation for the efforts taken by the Conciliator Smt.Bindu Sreekumar, learned counsel practising before this court. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) ahg. KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ------------------------------ W.P(C)No.33445 of 2007 ------------------------------ JUDGMENT 16th January, 2008