IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 29TH SEPTEMBER 2008 / 7TH ASWINA 1930 Mat.Appeal.No. 64 of 2008() --------------------------- OP.661/2005 of FAMILY COURT, KOTTARAKKARA .................... APPELLANT/PETITIONER -------------------- RASHEEDA BEEVI, AGED 36 YEARS, W/O. ABDUL NAJEEB, MEENA MANZIL, PATHIRICKAL MURI, PATHANAPURAM VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.LIJI.J.VADAKEDOM RESPONDENT(S): RESPONDENTS -------------------------- 1. ABDUL NAJEEB, AGED 42 YEARS, S/O. HASSAN RAWTHER, KADUVINAL VEEDU, MANNADIYIL EAST, MEMANNADI MURI, KADAMPANADU VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT. 2. HASSAN RAWTHER, AGED 82 YEARS, S/O. MYTHEEN PICHA RAWTHER, KADUVINAL VEEDU, MANNADIYIL EAST, MEMANNADI MURI, KADAMPANADU VILLAGE, ADOOR TALUK. 3. HAVEED, AGED 26 YEARS, S/O. HASSAN RAWTHER, KADUVINAL VEEDU, MANNADIYIL EAST, MEMANNADI MURI, KADAMPANADU VILLAGE, ADOOR TALUK. 4. SHIHAB, AGED 31 YEARS, S/O. HASSAN RAWTHER, KADUVINAL VEEDU, MANNADIYIL EAST, MEMANNADI MURI, KADAMPANADU VILLAGE, ADOOR TALUK. BY ADV. SRI.RASHEED C.NOORANAD THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 29/09/2008, ALONG WITH MA NO.160 OF 2008 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.R.RAMAN & T.R.RAMACHANDRAN NAIR, JJ. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Mat.Appeal Nos.64/2008 and 160/2008 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Dated this the 29th day of September, 2008 J U D G M E N T J U D G M E N T RAMAN, J. M.A.No.64/2008 This is an appeal arising out of the judgment in O.P.No.661/2005 of the Family Court, Kottarakara, by which the family court decreed the suit on the following terms: “a. Petitioner is allowed to recover Rs.28,000/- being the value of 7 sovereigns of her gold ornaments with interest at 6% per annum from the date of suit from CP.1 and his assets. b. Petitioner is allowed maintenance at Rs.600/- per month from CP.1 from the date of this O.P (03/06/2005). c. Petitioner is allowed to recover Rs.12,000/- with interest at 6% per annum from 03/06/2005 from Cps.1 and 2 and their assets. d. Petitioner is allowed to recover Rs.59,000/- with interest at 6% per annum from 25/08/2003 from CP.1 and his assets.” Mat.Appeals.No.64/2008 & 160/2008 -:2:- 2. The appellant wife, Smt.Rasheeda Beevi, seeks further enhancement of the various amounts ordered by the court below. M.A.No.160/2008 3. This appeal is filed by the husband and another challenging the same judgment in O.P.No.661/2005. During the pendency of the matter, with the intervention of this Court and the able assistance of the counsel on either side, an amicable settlement was reached as on 02/09/2008, and the agreement between the parties was recorded. The first appellant husband, Sri.Abdul Najeeb, will pay Rs.3,50,000/- within a period of six weeks and will also make a fixed deposit of Rs.50,000/- in the name of the child Naphila. It was also agreed that at the time of marriage of the daughter, Najeeb will pay further amount to Naphila. In view of the settlement, further proceedings were stayed. 4. It is now reported by the parties and their counsel that the order as above has since been complied with. There is no further dispute pending between the parties. Accordingly, recording the settlement between the parties, both the appeals are disposed of. The order passed by the court below is modified in terms of the order dated 02/09/2008 passed by this Court and the satisfaction of the order is also recorded. Mat.Appeals.No.64/2008 & 160/2008 -:3:- 5. Warrant is pending in M.C.No.94/2005. It is agreed by the wife that she is not pressing the M.C. Accordingly, the warrant issued will be recalled and M.C will be recorded as closed. Copy of this judgment be produced before the Family Court where M.C is pending for recording the closure of the above M.C. The matrimonial appeals are disposed of as above. P.R.RAMAN, Judge T.R.RAMACHANDRAN NAIR, Judge ms