IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 5TH OCTOBER 2009 / 13TH ASWINA 1931 WP(C).No. 19728 of 2009(R) -------------------------- OP.318/2009 of FAMILY COURT, THIRUVALLA .................... PETITIONERS: --------------- 1. R.VENUGOPAL, MANAGING PARTNER, AYYAPPAS, PATHANAMTHITTA. 2. R.THIRUVENGIDAM, MANAGING PARTNER, AYYAPPAS, PATHANAMTHITTA. BY ADV. SRI.S.V.BALAKRISHNA IYER, SENIOR ADVOCATE SRI.K.JAYAKUMAR SRI.P.B.KRISHNAN SRI.R.SURAJ KUMAR SMT.GEETHA P.MENON SRI.P.M.NEELAKANDAN RESPONDENTS: --------------- 1. JABEELA MARY ALEXANDER, KANDATHIL PARAMBIL, DARSANA NAGAR, PATTATHANAM P.O., KOLLAM-21. 2. K.A.MATHAI, MINOR AGED 12, IN -DO- -DO- 3. K.A.OUSEPH, MINOR AGED 9, IN -DO- -DO- 4. K.M.ALEXANDER, S/O. LATE M.K.VARGHESE, KAIKAPARAMBIL HOUSE, KOZHENCHERRY P.O., KOZHENCHERRY MURI, KOZHENCHERRY VILLAGE. (MINORS 2 AND 3 ARE REP. BY THEIR MOTHER RESPONDENT NO.1) ADV. SRI.P.RAVINDRAN, SENIOR ADVOCATE FOR R4 SRI.P.DEEPAK FOR R4 SRI.V.CHITAMBARESH, SENIOR ADVOCATE FOR R1-3 SRI.N.K.SUBRAMANIAN FOR R1-3 SRI.C.S.DIAS FOR R1-3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/10/2009, ALONG WITH WPC NO. 20726 OF 2009 AND 27143 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. ------------------------------------ W.P(C) Nos.19728, 20726 and 27143 of 2009 ------------------------------------- Dated this the 5th day of October, 2009 JUDGMENT BASANT, J. These Writ Petitions are directed against a common order dated 22.06.09 passed by the Family Court, Thiruvalla, a copy of which is produced as Ext.P3 in W.P(C) No.20726 of 2009. 2. At the request of the counsel, we had interacted with the parties in the Chamber and we are happy to note that the parties had come to an exhaustive settlement of all their outstanding disputes. We had earlier issued directions from time to time. The dispute is essentially one between the spouses and the spouses have now settled all their outstanding disputes. A compromise petition has been filed as I.A.No.12146 of 2009 by the spouses duly countersigned by their respective counsel. As per the terms of the said settlement, further steps are to be taken by the parties. The spouses have agreed that their marriage can be dissolved by mutual consent by filing an appropriate application under Section 10 A of the Indian Divorce Act. They also agreed that appropriate representation can be made before the court below in O.P.No.318 of 2009 and O.P.382 of 2009 and further orders can be sought. W.P(C) Nos.19728, 20726 and 27143 of 2009 2 3. In the result, I.A.No.12146 of 2009 in W.P(C) No.20726 of 2009 is allowed. The joint compromise petition filed by the spouses is accepted. The same shall be annexed to this Judgment. Parties shall seek appropriate further directions from the Family Court. 4. These Writ petitions are accordingly dismissed as settled and unnecessary now. 5. The counsel pray that there may be a direction to the Family Court to dispose of the O.Ps referred above expeditiously. Parties have been able to settle their outstanding disputes in an amicable and harmonious manner and needless to say, the Family Court must make every endeavour to give effect to their settlement. The Family Court must ensure that the O.Ps are disposed of as expeditiously as possible. It is made clear that the petitioners in W.P(C) No.19728 of 2009 can also seek appropriate further directions from the Family Court in the light of settlement of all the outstanding disputes between the spouses. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/- W.P(C) Nos.19728, 20726 and 27143 of 2009 3 R.BASANT & M.C.HARI RANI, JJ. ------------------------------------ W.P(C) Nos.19728 and 20726 of 2009 ------------------------------------- Dated this the 30th day of September, 2009 ORDER BASANT, J. We have interacted with the parties and their counsel. parties have settled all their outstanding disputes. They agree to file a joint application of settlement within a period of 3 weeks. 2. Call on 05.10.2009. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/-