IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 17TH FEBRUARY 2009 / 28TH MAGHA 1930 Mat.Appeal.No. 46 of 2004 --------------------------- OP.2/1999 of FAMILY COURT,ERNAKULAM .................... APPELLANT/RESPONDENT: ----------------------------- VENUGOPALAN, AGED 44 YEARS, S/O. K.K.PARAMESWARA PANICKER, KAZHINJETGH THYPARAMBIL HOUSE, PONNURUNNI, POST VYTTILA, ERNAKULAM DISTRICT. BY ADV. SRI.M.G.KARTHIKEYAN RESPONDENTS: PETITIONERS: --------------------------- 1. ABHIJITHA VENUGOPALAN (MINOR), REPRESENTED BY MOTHER & GUARDIAN, AMBIKA VENUGOPALAN, AGED 36 YEARS, AJITH VIHAR, NETTOOR POST, ERNAKULAM DISTRICT. 2. AMBIKA VENUGOPALAN, AGED 36 YEARS, W/O. VENUGOPALAN, `AJITH VIHAR', NETTOOR POST, ERNAKULAM DISTRICT. ADVS. M/S. .S.V.BALAKRISHNA IYER, SENIOR ADVOCATE P.B.KRISHNAN FOR R1 & 2 THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 17/02/2009, THE COURT ON THE SAME DAY, DELIVERED THE FOLLOWING: MAT. A. 46/2004 2 J U D G M E N T RAMAN, J. WE HAD ALREADY PASSED AN ORDER ON 7.10.2008 RECORDING THE SETTLEMENT BETWEEN THE PARTIES AND ALSO LEAVING OPEN THE RIGHT OF THE RESPONDENTS TO CLAIM FUTURE MAINTENANCE. NO FURTHER ORDERS ARE CALLED FOR. THE SAID ORDER IS MADE ABSOLUTE. MAT. APPEAL IS CLOSED. 17.2.2009. SD/-, P.R. RAMAN, JUDGE. SD/-, P.S. GOPINATHAN, JUDGE. // TRUE COPY // P.S. TO JUDGE. KNC/- P.R. RAMAN & T.R. RAMACHANDRAN NAIR, JJ. = = = = = = = = = = = = = = = = = = = = MAT. APPEAL NO. 46 OF 2004 = = = = = = = = = = = = = = = = = = = = = = DATED THIS, THE 7TH DAY OF OCTOBER, 2008. O R D E R Raman, J. Based on the settlement between the parties, an amount of Rs. 30,000/- (Rupees thirty thousand only) was paid by the appellant in full and final satisfaction of the claim towards maintenance by the respondent. This is recorded. The claim, if any, regarding the future maintenance for the wife and children will, however, be decided by the court below in accordance with law. We make it clear that the settlement between the parties as above will not affect such right and defence of either parties. In case any interim application is made, pending final adjudication, the Family court can consider the same and pass orders in accordance with law. P.R. RAMAN, (JUDGE) T.R. RAMACHANDRAN NAIR, (JUDGE) knc/-