IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 7TH OCTOBER 2008 / 15TH ASWINA 1930 Mat.Appeal.No. 130 of 2003() ---------------------------- OS.363/1993 of FAMILY COURT,TRIVANDRUM .................... PETITIONER(S): APPELLANT/PLAINTIFF ---------------------------------- VISWANATHAN ASARI S/O. GOVINDAN ASARI, SCIENTIST ENGINEER-S.D., ALALYTICAL SPECTROSCOPY DIVISION, V.S.S.C., THIRUVANANTHAPURAM. BY ADV. SRI.S.JAMES VINCENT SRI.TERRY V.JAMES RESPONDENT(S): DEFENDANTS ------------------------- 1. J.GEETHA KUMARI D/O. JAGADAMMA, LEDKSHMI NIVAS, THITTAMANGALAM, KODUNGANOOR P.O., VATTIYOORKAVU, THIRUVANANTHAPURAM. 2. THANKAPPAN ASARI OF DO.DO. ADV. SRI.N.NANDAKUMARA MENON (SR.) FOR R1 & R2 SRI.K.VINODKUMAR FOR R1 & R2 SRI.P.K.MANOJKUMAR FOR R1 & R2 THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 07/10/2008, ALONG WITH MA NO. 156 OF 2003 MA NO. 151 OF 2003 AND MA NO. 97 OF 2008 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ------------------------------------------ Mat.Appeal Nos. 130,151, 156 of 2003 and Mat. Appeal No. 97 of 2008 ------------------------------------------- Dated this the 7th day of October 2008 JUDGMENT Harun-Ul-Rashid,J The parties are referred to hereinafter as the appellant and 1st respondent as in Mat Appeal No. 130/2003. Mat.Appeal No. 130/2003 is filed by the appellant/husband against the dismissal of O.S. 363/1993. The appellant/husband as petitioner filed O.P 284/1998 for divorce. The Family Court Thiruvananthapuram by the impugned judgment dated 20.9.2003 passed a decree dissolving the marriage between the appellant and 1st respondent. . Mat. Appeal No. 151/2003 is directed against the said decree and judgment. The other connected two appeals are also relating to the disputes between the parties. When all these appeals were taken up for final hearing, we directed the parties to appear before us. Accordingly the parties appeared before us on several occasions. The matter was discussed at length by us and also through learned conciliators Smt. P.K.Radhika and Smt. P.K.Priya. We are happy to note that the parties have arrived at a settlement. The terms of compromise were recorded in our common order passed by us dated 17.3.2008. Accordingly the parties have settled all the Mat.Appeal No. 130/2003 2 & Connected cases. transactions between them as stated in the accompanying compromise petition (I.A. 2679/2008). Neither party has a pending claim against the other. The appellant and 1st respondent again are present on 6.10.2008 The parties filed I.A No. 2678/2008 under Section 13 B of the Hindu Marriage Act for a decree of divorce by mutual consent and I.A. No. 2679/2008 under Order XXIII Rule 3 of the C.P.C. stipulating the terms of compromise. We are satisfied that since the parties are living separately from 1992 and are not able to live together any more, they have filed the above said applications out of free will and that there is no collusion between the parties in filing those petitions. In view of the settlement, the parties need not wait for the statutory lie over period. Therefore we waive the said period. . Accordingly the marriage between the parties is dissolved by a decree of divorce by mutual consent with effect from today. The terms of compromise stipulated in I.A. 2679/2008 are recorded and shall form part of the decree All the appeals are disposed of accordingly . There will be nor order as to costs. KURIAN JOSEPH, JUDGE HARUN-UL-RASHID, JUDGE es Mat.Appeal No. 130/2003 3 & Connected cases. 1st respondent ( in Mat.Appeal No. 130 of 2003) and counsel on both sides are present. The matter is settled between the parties. This Court by order dated 17.3.2008 directed the parties to carry out the terms of settlement. Today it is reported that Rs. 4,00,000/- ordered to be paid as full and final settlement of all monetary claims arising between the parties, has been paid. it is also reported that the appellant discharged the liabilities outstanding in respect of the property in question and the the amount payable as per the decree in O.S. 488/1999 has been paid vide Annexure A-18 receipt in Mat.Appeal No. 97/2008. Counsel for the 1st respondent wanted to ascertain whether Annexure-A.18 amount in Mat.Appeal No. 97/2008 is in deposit or not and for that purpose he seeks two weeks time . In the meanwhile the parties shall file the compromise petition and joint petition under Section 13-B of the Hindu Marriage Act. Post on 21.8.2008. Treat as part heard. KURIAN JOSEPH, JUDGE Mat.Appeal No. 130/2003 4 & Connected cases. HARUN-UL-RASHID, JUDGE es