IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 7TH NOVEMBER 2008 / 16TH KARTHIKA 1930 Mat.Appeal.No. 361 of 2006() ---------------------------- OP.265/2001 of FAMILY COURT, KOTTAYAM AT ETTUMANOOR. .................... PETITIONER(S)/FIRST RESPONDENT ----------------------------------------- MANIKANDAN, AGED 44, S/O.NEELAKANDAN ACHARY, VAZHIPARAMBU HOUSE, THAKAZHI KARA, ALAPPUZHA. BY ADV. SRI.V.PHILIP MATHEW RESPONDENT(S): PETITIONER ------------------------- 1. SATHIKUMARI, THANKAPPAN ACHARI, ALAMCHERIKUNNEL, THOTTAKKADU KARA, CHANGANACHERRY TALUK. 2. NEELAKANDAN, AGED 67 YEARS, DO. (DIED). ADDL.R3.JANAKI, EDAMATTATHU VEEDU, EDATHALA P.O., EDATHALA NORTH, ALUVA. ADDL.R4.INDIRA, KAITHA KULANGARA VELIYIL VEEDU, SOUTH ARYAD, AVULUKUNNU P.O., ALAPUZHA. ADDL.R5. GOMATHY, SARASWATHI VILASAM, KULANADA P.O., MANTHUKA, PANDALAM, PATHANAMTHITTA. ADDL.R6.VIJAYAN, VIJITH BHAVANAN, EAST OF GOVERNMENT HOSPITAL, THAKAZHI P.O., ALAPPUZHA. ADDL.R7.MADHU, PADINJARAVELIYIL VEEDU, VALAVANAD P.O., ALAPPUZHA. ADDL.R8.RADHA, KAITHAKULANGARA VELIYIL VEEDU, SOUTH ARYAD, AVULUKUNNU P.O., ALAPPUZHA. ADDL.R9.RAJAN, VAZHIPARAMU HOUSE, PADAHARAM, THAKAZHI P.O., ALAPPUZHA. (CAUSE TITLE OF MEMORANDUM OF APPEAL AMENDED BY INCORPORATING LRS. OF DECEASED R2 A ADDITIONAL REPONDENT 3 TO 9 A PER ORDER DATED 7.11.2008 IN I.A. NO.2313 OF 2006 ADV. SMT.C.G.BINDU FOR R1 SMT.C.G.AJITHA FOR R1 THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION ON 07/11/2008 ALONG WITH W.P.(C) NOS.35668 OF 2004 AND 8481 OF 208, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. --------------------------------------------------------- W.P.(C) NOS.35668 OF 2004 & 8481 OF 2008 & MAT. APPEAL NO. 361 OF 2006 --------------------------------------------------------- Dated this the 7th day of November, 2008 JUDGMENT Harun-Ul-Rashid, J. The appellant and first respondent in Mat. Appeal No.361 of 2006 are present. By order dated 8.4.2008, we recorded the terms of compromise arrived at between the parties. The parties submitted that there is no necessity to file a joint petition under Section 13 B of the Hindu Marriage Act, 1955 since the Family Court , Kottayam has already passed a decree of divorce. 2. The appellant/husband had undertaken to pay Rs.750/- per month towards maintenance of his daughter from April, 2008 onwards. It is submitted by the first respondent/wife that so far the appellant has not paid the maintenance as agreed to by him. We direct the appellant to pay the arrears of maintenance amounting to Rs.6,000/- within a period of two months from today and continue to pay maintenance on or before the 5th of every month. The parties have also agreed to abide by the decree passed by the Family Court in O.P. No.265 of 2001. W.P.(C) NO.35668/2004 & Connected Cases 2 3. The only child of the parties is now aged 11 years. It is agreed that the custody of the child shall remain with the mother. The father is at liberty to visit the child on every Second Saturday and can be with her for about three hours. The first respondent shall take the child to the nearby Thattekkat Siva Temple at 10 a.m. and can take back the child before 1 p.m. The terms agreed between the parties are recorded and shall form part of the decree passed in Mat. No.361 of 2006. In view of the settlement as above, there is no necessity to prosecute O.P.(H.M.A.) No. 69 of 2005 and O.P.(G & W) No.542 of 2007 pending before the Family Court, Family Court, Alappuzha. The said cases are struck off from the file of that court. Mat. Appeal No.361 of 2006 is disposed of as above. In the light of the judgment in the above appeal, no further orders are required in W.P. (C) Nos.35668 of 2004 and 8481 of 2008. The Writ Petitions are accordingly dismissed. (KURIAN JOSEPH) JUDGE (HARUN-UL-RASHID) JUDGE sp/ W.P.(C) NO.35668/2004 & Connected Cases 3 KURIAN JOSEPH & HAURN-UL-RASHID, JJ. W.P.(C)NO.35668 /2004, W.P.(C)NO.8481/2008 & MAT.APPEALNO.361/2006 JUDGMENT 7th November, 2008 W.P.(C) NO.35668/2004 & Connected Cases 4