IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 25TH AUGUST 2008 / 3RD BHADRA 1930 WP(C).No. 18530 of 2008(S) -------------------------- OP.422/2007 of FAMILY COURT, ERNAKULAM .................... PETITIONER: ------------ GIGI DEVASSIKUTTY D/O. P.V. DEVASSIKUTTY AGED 33 YEARS, PARACKAL HOUSE KORATTY P.O., THRISSUR DISTRICT BY ADV. DR.SEBASTIAN CHAMPAPPILLY SMT.ANNIE GEORGE SMT.RINTA GEORGE RESPONDENTS: ------------- 1. JOY K.C.,S/O. K.M.CHACKO AGED 37 YEARS, KAVUMPURATH HOUSE THANKALAM, THRIKKARIYOOR P.O. KOTHAMANGALAM, ERNAKULAM DISTRICT 2. K.M.CHACKO, KAVUMPURATH HOUSE THANKALAM, THRIKKARIYOOR P.O. KOTHAMANGALAM, ERNAKULAM DISTRICT 3. ANNAM CHACKO @ KUNJAMMA W/O. K.M.CHACKO, KAVUMPURATH HOUSE THANKALAM, THRIKKARIYOOR P.O. KOTHAMANGALAM, ERNAKULAM DISTRICT BY ADV. SRI.SHAJI P.CHALY FOR R1 TO 3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C)No.18530 /2008 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF O.P.NO.422 OF 2007 DATED 22-3-2007, FILED BY THE PETITIONER. EXT.P2. TRUE COPY OF O.P.NO.427 OF 2007 DATED 23-3-2007 FILED BY THE PETITIONER. EXT.P3. TRUE COPY OF M.C.NO.187 OF 2007 DATED 28-6-2007 FILED BY THE PETITIONER. EXT.P4. TRUE COPY OF O.P.NO.1024 OF 2007 DATED 26-7-2007 FILED BY THE PETITIONER. EXT.P5. TRUE COPY OF PRELIMINARY OBJECTION DATED 23-10-2007 FILED BY THE PETITIONER. EXT.P6. TRUE COPY OF O.P.NO.1022 OF 2007 DATED 26-7-2007 FILED BY THE RESPONDENT. EXT.P7. TRUE COPY OF M.P.NO.1385 OF 2007 DATED 23-11-2007 FILED BY THE PETITIONER. EXT.P8. TRUE COPY OF I.A.NO.180 OF 2008 IN O.P.NO.1022 OF 2007 DATED 8-1-2008 FILED BY THE RESPONDENT. EXT.P9. TRUE COPY OF OBJECTION FILED BY THE PETITIONER IN I.A.NO.180 OF 2008 DATED 23-2-2008 EXT.P10. TRUE COPY OF I.A.NO.2867 OF 2008 DATED 12-6-2008 FILED BY THE RESPONDENT. EXT.P11. TRUE COPY OF I.A.NO.1218 OF 2007 DATED 22-3-2007 FILED BY THE PETITIONER IN O.P.NO.422 OF 2007. EXT.P12. TRUE COPY OF THE CERTIFIED COPY OF THE FINAL REPORT IN C.C.NO.492 OF 2008 DATED 11-2-2008. EXT.P13. TRUE COPY OF THE F.I.R.NO.173 OF 2007 DATED 25-4-2007. / TRUE COPY / P.S.TO JUDGE KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ----------------------------------------- W.P(C)No.18530 of 2008 ----------------------------------------- Dated this the 25th day of August, 2008 JUDGMENT Kurian Joseph,J. Petitioner approached this court praying for a direction to dispose of the following cases between the parties expeditiously: M.C.No.187/2007, O.P.No.422/2007, O.P.No.427/2007, O.P.No.1022/2007 and O.P.No.1024/2007 on the file of the Family Court, Ernakulam. When the matter was posted before this court we directed the parties to be present before us. We also had the assistance of Smt.K.V.Rashmi as Conciliator. Thanks to the efforts taken by the learned Conciliator, thanks to the co-operation extended by the parties and counsel on both sides and thanks to the efforts taken by this court, the parties have reached a settlement. True they have decided to part. But the consoling factor is that they are not parting as enemies; but as friends. It is submitted that both of them have realised that parting at this stage is inevitable since both of them have realised that they will not be in a W.P(C)No.18530/2008 -:2:- position to get along as husband and wife and that it is in their better interest now to part. They have filed I.A.No.11099 of 2008 under Section 10A of the Divorce Act, 1869. They have also filed I.A.No.11098/2008 praying for waiving the lie over period of six months. Having regard to the background of the parties and having regard to the various litigations between the parties, we find that a further lie over period is not necessary. Accordingly I.A.No.11098/2008 is allowed. 2. The parties were married on 16-4-1998 and they have been living separately for more than two years, it is submitted. It is also submitted that they have been living separately with an intention to put an end to their marital relationship. 3. In the affidavit accompanying I.A.No.11099/2008 the parties have also recorded the terms of the settlement of the disputes including the custody and visitorial rights on their child Edith Dev Joy. The terms of the settlement as stated in the affidavit accompanying I.A.No.11099/2008 are recorded. 4. Accordingly the marriage between the petitioner and Gigi Devassikutty and the first respondent Joy.K.C. is dissolved by a W.P(C)No.18530/2008 -:3:- decree of divorce on mutual consent. It will not be out of context to remind the parties that only the legal relationship of husband and wife can be dissolved under law. As far as their fruit is concerned, the child has a right to get the love, care, share and protection of both father and mother and the father and mother have an obligation before God and law to equally respond to the rights of the child referred to above. Therefore, the child shall not in any way be put to any discomfort in view of the severed relationship of the husband and wife. As we have already noted above since the parties are parting as friends, we hope that the child will have no difficulty. 5. In view of the settlement of the disputes as above, M.C.No.187/2007, O.P.No.422/2007, O.P.No.427/2007, O.P.No.1022/2007 and O.P.No.1024/2007 on the file of the Family Court, Ernakulam are struck off from its file. We find that the criminal case instituted at the instance of the petitioner is pending before the JFCM, Chalakudy as C.C.No.1274/2007, charge-sheeted under Section 498A of the Indian Penal Code. Since the parties have settled their disputes and since they have W.P(C)No.18530/2008 -:4:- forgiven each other we do not think that the criminal case should be pursued, in the interests of justice and in the interests of the parties. Accordingly C.C.No.1274/2007 is quashed for securing the ends of justice. I.A.No.11099/2008 will form part of this judgment. 7. In view of the arduous nature of the mediation-cum- conciliation, we find that the Mediator is to be properly remunerated. We fix the fees at Rs.10,000/- which shall be equally shared between the parties. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) ahg. KURIAN JOSEPH & HARUN-UL-RASHID, JJ. --------------------------- W.P(C)No.18530 of 2008 ---------------------------- JUDGMENT 25th August, 2008