IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 3RD NOVEMBER 2008 / 12TH KARTHIKA 1930 Mat.Appeal.No. 348 of 2008() ---------------------------- OP.190/2004 of FAMILY COURT,ERNAKULAM .................... : APPELLANT/RESPONDENT IN THE OP --------------------------------------------- HAKKIM, AGED 35, S/O.HASSAN KUNJU, SHARIFF MANZIL, KUTTAMPEROOR P.O., MANNAR VILLAGE, ALAPPUZHA. BY ADV. SRI.S.MUHAMMED HANEEFF RESPONDENT(S): PETITIONER IN THE OP ----------------------------------- HAJIRA, AGED 26, D/O.SAINUDHEEN, MANICKAL VEEDU, ADIVADU, POTHANICODE VILLAGE, PALLARIMANGALAM P.O., KOTHAMANGALAM, ERNAKULAM DISTRICT. ADV. SRI.P.K.ABOOBACKER(EDAPPALLY) FOR R1 THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 03/11/2008 ALONG WITH MA NO. 349 OF 2008 AND CRA NO. 2571 OF 2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER IN I.A. NO. 1308 OF 2008 IN MAT. APPEAL NO. 348 OF 2008. DISMISSED 2.11.2008 Sd/-(KURIAN JOSEPH, JUDGE) Sd/-(HARUN-UL-RASHID, JUDGE) KURIAN JOSEPH & HARUN-UL-RASHID, JJ. --------------------------------------------------------- MAT. APPEAL NOS. 348 & 349 OF 2008 & CRL. APPEAL NO. 2571 OF 2008 --------------------------------------------------------- Dated this the 3rd day of November, 2008 JUDGMENT Harun-Ul-Rashid, J. The appellant in the above Matrimonial Appeals is the respondent in O.P. Nos. 190 of 2004 and 191 of 2004 on the file of the Family Court, Ernakulam. O.P. No.190 of 2004 was allowed by the Family Court directing the respondent/husband to pay to the petitioner/wife a sum of Rs.1,00,000/- and to return her gold ornaments weighing 43 1/2 sovereigns. O.P. No.191 of 2004 was also allowed dissolving the marriage between the petitioner and the respondent. Hence, the above appeals. 2. When the matter was taken up for final hearing, as directed by this Court, the parties appeared before us on more than one occasion. We had interacted with the parties on such occasions. We are happy to note that the parties have settled all the disputes between them. Accordingly, Mat. Appeal No.348 of 2008 & Connected Cases. 2 the appellant/husband has paid Rs.5,00,000/- (Rs. Five lakhs only) in full and final settlement of the entire claims. Therefore, we set aside the decree passed in O.P. No. 190 of 2004. 3. We also find that there are two other cases pending, namely M.C. No. 17 of 2008 on the file of the Judicial First Class Magistrate's Court, Kothamangalam and C.C. No.97 of 2004 on the file of the Judicial First Class Magistrate's Court II, Chengannur. It is seen that against the judgment in C.C. No.97 of 2005, the appellant along with three others has filed Crl. Appeal No.123 of 2008 before the Additional Sessions Court, Mavelikkara which has been transferred to this Court by order dated 7.8.2008 and renumbered as Crl. Appeal No. 2571 of 2008. In view of the settlement as above, we feel that there is no necessity to continue these two cases as well. Accordingly, M.C. No.17 of 2008 on the file of the Judicial First Class Magistrate's Court, Kothamangalam and C.C. No.97 of 2004 on the file of the Judicial First Class Magistrate's Court II, Chengannur are quashed. In the result, Mat. Appeal Nos .348 of 2008 and 349 of 2008 are dismissed. Crl. Appeal No.2571 of 2008 is allowed by setting aside the Mat. Appeal No.348 of 2008 & Connected Cases. 3 judgment in C.C. No.97 of 2004 and acquitting the first accused of all charges levelled against him. (KURIAN JOSEPH) JUDGE (HARUN-UL-RASHID) JUDGE sp/ Mat. Appeal No.348 of 2008 & Connected Cases. 4 KURIAN JOSEPH & HAURN-UL-RASHID, JJ. MAT.APPEAL NOS.348/08, 349/08&CRL.A.NO.2571/08 JUDGMENT 3rd November, 2008 Mat. Appeal No.348 of 2008 & Connected Cases. 5