IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 18TH SEPTEMBER 2008 / 27TH BHADRA 1930 MFA.No. 1349 of 2000() ---------------------- OP.99/1999 of FAMILY COURT,KOZHIKODE .................... APPELLANT/PETITIONER: ----------- P.C. BINDU, D/O. P.K. CHANDRAN, PADMALAYAM, NADUKANTIL HOUSE, P.O. GURUVAYOORAPPAN COLLEGE, KOZHIKODE-14. BY ADV. SRI.C.R.SIVAKUMAR RESPONDENT/RESPONDENT: ------------- M.P. GOPINATHAN, SON OF LATE VELUKUTTY, PUTHIYAPARAMBIL HOUSE, P.O. WEST HILL, KOZHIKODE. BY ADVS. SRI.MATHAI M PAIKADAY(SR.) FOR R SRI.K.B.GANGESH FOR R THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 18/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------------------------- M.F.A.NO. 1349 OF 2000 ---------------------------------------------------------------- Dated this the 18th day of September, 2008 JUDGMENT Harun-Ul-Rashid, J. The petitioner in O.P. No.99 of 1999 on the file of the Family Court, Kozhikode is the appellant. The Original Petition was filed for return of gold ornaments. By order dated 10.3.2000, the Family Court dismissed the Original Petition finding that the petitioner failed to prove her claim. Hence, this appeal. 2. When the appeal, filed at the instance of the petitioner/wife, was taken up for final hearing, the parties appeared before this Court. We have talked to the parties and after lengthy discussions with the assistance of conciliators, the parties agreed to settle the disputes between them. Accordingly, the parties have filed a compromise petition I.A. No.2491 of 2008 stipulating the terms of settlement. The respondent/husband has agreed to pay an amount of Rs.3,25,000/- in full and final settlement of all monetary claims. He has also agreed to return to the petitioner/wife a gold chain and a locket. The parties have also filed I.A. No.2490 of 2008, a joint petition under Section 13 B of the Hindu Marriage Act, 1955 for a M.F.A. NO. 1349/2000 2 decree of divorce on mutual consent. We find that the marital life between the parties has irretrievably broken and there is no chance for a reunion. We are satisfied that the joint petition is filed on their own accord and in their better interests and there is no collusion between the parties in filing the same. We also feel that there is no necessity to wait for the statutory lie over period in the background of long separation. The impugned order is accordingly set aside and the marriage between the appellant and the respondent is dissolved by a decree of divorce on mutual consent with effect from today. The appeal is disposed of as above. The terms stipulated and agreed to by the parties in I.A. No.2491 of 2008 are recorded and the interlocutory application shall form part of the decree. There will be no order as to costs. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) sp/ M.F.A. NO. 1349/2000 3 KURIAN JOSEPH & HAURN-UL-RASHID, JJ. M.F.A.NO. 1349/2000 JUDGMENT 18th September, 2008 M.F.A. NO. 1349/2000 4