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 17TH MAY 2010 / 27TH VAISAKHA 1932 Mat.Appeal.No. 150 of 2009 ---------------------------- OS.584/2005 of FAMILY COURT, KOTTARAKKARA .................... Appellant/: PLAINTIFF: ------------------------- ANNAMMA JOSEPH, AGED 58 YEARS, W/O.K.M.JOSEPH, KANJIKKAL VEEDU, NARIKKAL, CHAKKUVARAKKAL, KOTTARAKKARA, KOLLAM. BY ADV. SRI.JOHNSON GOMEZ RESPONDENT: DEFENDANT: ------------------------- K.M.JOSEPH, AGED 63 YEARS, RESIDING AT KANJIKKAL VEEDU, NARIKKAL, CHAKKUVARAKKAL, KOTTARAKKARA, KOLLAM DISTRICT. ADV. SRI.AJAYA KUMAR. G FOR R1 THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 17/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT & M.C. HARI RANI,JJ ============================== MAT APPEAL NO. 150 OF 2009 ============================ DATED THIS THE 17TH DAY OF MAY 2010 JUDGMENT Basant,J. This appeal is directed against a decree directing payment of maintenance. The parties were referred to the Mediator and the Mediator has reported that the parties have settled all their outstanding disputes. A joint statement has been filed by the rival contestants duly counter signed by their counsel. The parties have resumed co-habitation from 9/2/2010, it is reported. However, it is seen that the agreement contemplates payment of maintenance by the husband to the wife. The learned counsel for both contestants submit that this arrangement by the parties was struck and that the said arrangement has been going on well after the resumption of co-habitation by the spouses. We accept the settlement agreement executed after successful mediation. 2. In the result, a) this appeal is allowed in part. MAT APPEAL NO. 150/2009 -2- b) The impugned decree shall stand modified in terms of the settlement agreement dated 9/4/2010. The agreement dated 9/4/2010 shall be appended to this appellate decree. R. BASANT, JUDGE M.C. HARI RANI,JUDGE ks.