IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 24TH MARCH 2008 / 4TH CHAITHRA 1930 Mat.Appeal.No. 3 of 2005 ------------------------------ OP(DIV).604/2003 of FAMILY COURT, THIRUVALLA .................... APPELLANT/PETITIONER: ------------------------------ REEBA VARGHESE, W/O. SHAJAN P. VARGHESE, KANJIRAPPALLIL VEEDU, KAVUMBHAGAM VILLAGE, THIRUVALLA. BY ADV. SRI. SATHISH NINAN SRI. SANTHOSH MATHEW RESPONDENT/RESPONDENT: ---------------------------------- SHAJAN. P. VARGHESE, S/O. VARGHESE, PARAPPALLIL, KADAMANAKULAM, KALLOOPPARA VILLAGE, THIRUVALLA. BY ADV. SRI. R. GIREESH VARMA THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 24/03/2008, ALONG WITH Mat. Appeal No. 264 OF 2005 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. -------------------------------------------------- Mat. Appeal Nos. 3 & 264 OF 2005 --------------------------------------------------- Dated this the 24th day of March, 2008. J U D G M E N T Kurian Joseph, J. Petitioner in O.P.(Div)No.604/2003 and O.P.No.854/2003 on the file of the Family Court, Thiruvalla is the appellant in both cases. During the pendency of the appeals, it is seen that the parties have arrived at a settlement. They have filed I.A.No.712/2008 in Mat.Appeal No.3/2005. It is a composite petition under Order 23 of the Code of Civil Procedure entering a compromise on various disputes between the parties and also under Section 10A of the Divorce Act, 1869. The terms of compromise as stated in I.A.No.712/2008 are recorded. 2. Parties have been living separately ever since 28.05.1998. The marriage was solemnized on 28.01.1998. In the background of various litigations between the parties and their long separation, we are convinced that they are entitled to a decree of divorce on mutual consent and that a further lie over period is not necessary. We are further satisfied that there is no collusion between the parties. Accordingly, the marriage M.A.Nos. 3 & 264/05 2 between the appellant-Reeba Varghese and the respondent- Shajan P. Varghese is dissolved by a decree of divorce on mutual consent. Mat.Appeal No.3/2005 is disposed of as above. It is further agreed between the parties that there are no other claims between the parties. Accordingly, Mat.Appeal 264/2005 is also disposed of dismissing O.P.No.854/2003 on the file of the Family Court, Thiruvalla. KURIAN JOSEPH, JUDGE. HARUN-UL-RASHID, JUDGE. smp KURIAN JOSEPH & HARUN-UL-RASHID, JJ M.A.Nos. 3 & 264 OF 2005 J U D G M E N T 24.03.2008