IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 25TH MARCH 2009 / 4TH CHAITHRA 1931 WP(C).No. 18235 of 2006(U) -------------------------------------- OP.629/2002 of FAMILY COURT,THRISSUR .................... PETITIONER(S): ------------------------ CHANDRAMATHY, AGED 60 YEARS, W/O.POOLACKAL GOPALAN, MINALUR VILLAGE DESOM, THALAPPILLY TALUK. BY ADVS. MR.K.J.SAJI ISAAC DR.ELIZABETH VARKEY RESPONDENT(S): ----------------------- GOPALAN, AGED 65 YEARS, S/O.POOLACKAL MAKKUNNY, MINALUR VILLAGE DESOM, THALAPPILLY TALUK. BY ADV. MR.M.R.VENUGOPAL FOR R1 SMT.DHANYA P.ASHOKAN FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.18235/2006 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE ORDER IN MC. NO.207/02 BEFORE THE FAMILY COURT, THRISSUR. P2:- COPY OF THE ORDER IN OP. NO.629/02 BEFORE THE FAMILY COURT, THRISSUR. P3:- COPY OF THE IA. NO.2431/05 IN OP. 629/02 BEFORE THE FAMILY COURT, THRISSUR. P4:- COPY OF THE MP. 589/05 IN MC. NO.207/02 BEFORE THE FAMILY COURT, THRISSUR. P5:- COPY OF THE COMMON ORDER IN IA. 2431/05 IN OP. NO.629/02 AND MP. 589/05 IN MC. NO.207/02 BEFORE THE FAMILY COURT, THRISSUR. TRUE COPY P.S. TO JUDGE TSS HARUN-UL-RASHID,J. --------------------------- W.P.(C).NO.18235 OF 2006 ---------------------------- DATED THIS THE 24TH DAY OF MARCH, 2009 JUDGMENT Petitioner and respondent are husband and wife. They are aged couples and senior citizens. Petitioner-wife filed M.C.No.207/2002 and O.P.No.629/2002 before the Family Court, Thrissur for maintenance and for return of gold ornaments respectively. Respondent-husband filed O.P.No.410/2004 before the Family Court, Thrissur for dissolution of marriage. 2. During the course of counciling in the chambers of the ;; learned Family Court Judge, an agreement was arrived at between the parties. Husband agreed to pay an amount of Rs.750/- towards monthly maintenance. The Family Court passed orders regarding the settlement and directing the respondent to pay an amount of Rs.750/- to the petitioner-wife. Ext.P1 is the oder passed by the Family Court. In view of the settlement in the maintenance case, O.P.No.629/02 filed by the wife was dismissed. The petitioner on -2- W.P.(C).No.18235/2006 getting Ext.P1 order filed a petition for restoration of Maintenance Case stating that the agreed amount is not Rs.750/- but it is Rs.1,750/-. Recording of the said amount is a mistake, according to her. She also filed a petition for restoration of O.P.No.629/02. Exts.P3 and P4 are the petitions filed before the Family Court. Ext.P5 is the final order passed by the Family Court, dismissing the said petitions. 3. When the matter was taken up for final haring, this Court issued directions to the parties to appear before me in chambers. I have talked to the parties. I am happy to note that the parties arrived at a settlement. The respondent-husband graciously agreed to pay a monthly maintenance of Rs.2,000/-. taking into account the poor health and no means of th petitioner. The agreement is recorded. The amount stipulated in Ext.P1 order is modified as Rs.2,000/- per month. 4. In the light of the settlement, no further orders are necessary in this writ petition. In view of the settlement, all -3- W.P.(C).No.18235/2006 further proceedings in C.C.No.510/2003 pending before the Judicial First Class Magisatrate's Court, Vadakkancherry stand quashed. Writ Petition is disposed of as above. HARUN-UL-RASHID, Judge. kcv.