IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 30TH SEPTEMBER 2009 / 8TH ASWINA 1931 Mat.Appeal.No. 398 of 2008() ---------------------------- AGAINST THE JUDGMENT DATED 11/04/2008 IN OPHMA.NO. 149/2007 of FAMILY COURT, KOTTAYAM AT ETTUMANOOR. .................... APPELLANTS/RESPONDENTS: --------------- 1. DILEEP KUMAR K.M., ATTUCHIRAYIL, KUMARAKAM (N P.O., AYMANAM VILLAGE, KOTTAYAM DISTRICT. 2. K.K.MANIYAN, ATTUCHIRAYIL KUMARAKAM (N P.O., AYMANAM VILLAGE, KOTTAYAM DISTRICT . 3. LEELMMA MANIYAN, W/O K.K. MANIYAN, ATTUCHIRAYIL KUMARAKAM (N P.O., AYMANAM VILLAGE, KOTTAYAM DISTRICT . BY ADV. SRI.P.SANJAY SMT.A.PARVATHI MENON RESPONDENT/PETITIONER: --------------- AMBILI K.P. KALLOPARAMBIL, KUZHIMATTAM P.O., PANACHIKAD VILLAGE, KOTTAYAM. ADV. SRI.PHILIP T.VARGHESE FOR R1 SRI.THOMAS T.VARGHESE FOR R1 SRI.JAYAPRADEEP[CONCILIATOR] THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 30/09/2009 ALONG WITH MA NO. 408 OF 2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON I.A.NO.1491 OF 2008 IN MAT. APPEAL NO.398/2008 ---------------- DISMISSED Sd/- KURIAN JOSEPH, JUDGE. 30/9/2009 Sd/- HARUN-UL-RASHID, JUDGE. True Copy KURIAN JOSEPH & HARUN-UL-RASHID,JJ. ------------------------------- MAT. APPEAL. NOS. 398 & 408 OF 2008 ------------------------------- Dated this the 30th day of September, 2009 JUDGMENT Harun-Ul-Rashid,J. O.P.(HMA).Nos.885/07 and 149/07 were disposed of by the Family Court, Kottayam at Ettumanoor by the common judgment under appeal. O.P.(HMA)/No.885/07 was filed by Dileep Kumar for restitution of conjugal rights under Section 9 of the Hindu Marriage Act. The said O.P. was dismissed by the Family Court. Mat. Appeal No.408/08 is filed challenging the judgment and decree passed in the said O.P. The connected O.P.(HMA). No.149/07 was filed by Ambili, wife of Dileep Kumar, for return of money and gold ornaments. The said O.P. was partly allowed and the wife was given a decree to realise Rs.1,00,000/- with 9% interest from the date of suit (9/2/2007) and for return of 54 ½ sovereigns of gold ornaments or its present approximate value Rs.4,50,000/- with 9% interest from the date of judgment from the -2- MAT. APPEAL Nos.398 & 408/2008 respondents 1 to 3 therein. Aggrieved by the judgment and decree Dileep Kumar filed Mat. Appeal No.398/2008. 2. During the pendency of these appeals this Court summoned the parties to be present in person and conciliatory sessions were held. The parties appeared before us on several occasions. After series of discussions with the parties, the parties agreed to settle their disputes and to live together with their child. Accordingly, they started living from the month of August, 2008. The father of Dileep Kumar, who is a party to the O.P., agreed to convey 5 cents of land out of the attached property in favour of husband and wife. He took some months for the execution of the sale deed in their favour. It is reported that settlement deed has been registered in favour of husband and wife as agreed. The parties on several occasions reported that they have solved their problems and are living happily with their child. The parties at present are residing in the wife's residence. Today, the parties informed that they are going to set up a residence in Dileep Kumar's house. -3- MAT. APPEAL Nos.398 & 408/2008 3. In the aforesaid circumstances and in view of the settlement arrived at between the parties, no further issues survive in these appeals. Therefore, the judgment and decree under appeal are set aside. The questions agitated by the parties in O.P.(HMA) No.1439/2007 are left open. Appeals are disposed of in terms of the compromise as stated above. In view of the disposal of these appeals, there is no necessity to continue the attachment in force. Hence, the attachment ordered by the Family Court in O.P.(HMA)No.149/07 is lifted. The parties shall bear their respective costs. KURIAN JOSEPH, Judge. HARUN-UL-RASHID, Judge. kcv.