IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 4TH MARCH 2008 / 14TH PHALGUNA 1929 Mat.Appeal.No. 74 of 2003(F) ---------------------------- OPHMA.7/2000 of ADDL. DISTRICT COURT, PATHANAMTHITTA .................... APPELLANT/PETITIONER ------------------- T.N.PURUSHOTHAMAN PILLAI, AGED 48 YEARS S/O. NARAYANA PILLAI, THONGARA VEEDU, PANDANADU NORTH P.O., PANDANADU KOTTAYAM MURI, PANDANADU VILLAGE, CHENGANNUR TALUK. BY ADV. SRI.ANTONY V. PAUL RESPONDENT/RESPONDENT: ------------------- M.G.SHANTHAKUMARI, AGED 38, D/O. LATE GOPALA PILLAI, MANNARAKOTTA VEEDU, KARUNAGHAZHA P.O., PULLADU MURI, KOIPURAM VILLAGE, THIRUVALLA TALUK. BY ADV. SRI.SATHISH NINAN SRI.SANTHOSH MATHEW THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 04/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------- Mat.Appeal.No.74 OF 2003 ---------------------------------------------- Dated this the 4th day of March, 2008. J U D G M E N T Kurian Joseph, J. This appeal has been filed at the instance of the petitioner in O.P.(H.M.A) 7/2000 on the file of the additional District Court, Pathanamthitta. The petition for divorce was dismissed. When the appeal came up for hearing, we issued notice to the parties and they have appeared before us. We also had the assistance of Adv. Smt. Radhika as conciliator cum mediator. The court also had extensive discussions with the parties. Thanks to the co-operation of the parties and their counsel and thanks to the efforts taken by the conciliator and the Court, it is noted that the parties have reached a settlement of the entire disputes between them. As per the terms of settlement, the appellant should pay an amount of Rs.3,000/- per month to the respondent, with effect from January, 2008, before the 10th of every month, till the death of the respondent. As far as the payment for the months of January, February and March are concerned, the same shall be paid before 10th April, 2008 along with the installment of April. An amount of Rs.66,508/- deposited by the appellant before the Family Court, Thiruvalla can be withdrawn by Mat.Appeal.No.74/2003 2 the respondent. It will be open to the respondent to suggest the mode of payment, preferably, by opening a bank account, so that the appellant will deposit the amount in the account of the respondent every month. The liability as above shall be a charge on the assets of the appellant. 2. The parties have also filed a petition under Section 13B of the Hindu Marriage Act, 1955. After having talked to the parties and taking note of the fact that, they have been living separately for more than ten years, we are satisfied that no further lie over period is necessary. We are also satisfied that the petition satisfies the ingredients of the provision contained in Section 13B of the Hindu Marriage Act, 1955 and that there is no collusion. Accordingly the marriage between the appellant, Shri. T.N.Purushothaman Pillai, and the respondent Smt.M.G. Santhakumari is dissolved by a decree of divorce by mutual consent. The appeal is disposed of as above. KURIAN JOSEPH, JUDGE. HARUN-UL-RASHID, JUDGE. ps