IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 4TH MARCH 2009 / 13TH PHALGUNA 1930 Mat.Appeal.No. 459 of 2007() ------------------- AGAINST THE ORDER DATED 05/07/2007 IN OP.457/2004 of FAMILY COURT,KOZHIKODE .................... APPELLANT/PETITIONER ------------------------ E.K.PRADEEP KUMAR, S/O.E.K.KUNJIKRISHNAN NAIR, AGED 37 YEARS, THAIYULLATHILHOUSE, NEAR S.P.OFFICE, PUTHUPPANAM PO VADAKARA, KOZHIKODE DIST.REP.BY HIS FATHER POWER OF ATTORNEY HOLDER, E.K.KUNJIKRISHNAN NAIR, S/O.RAMAN NAIR, AGED 72, THAIYULLATHIL HOUSE, NEAR SP OFFICE, PUTHUPPANAM P.O., VADAKARA. BY ADV. SRI.A.BALAGOPALAN SRI.K.SANEESH KUMAR RESPONDENT/ RESPONDENT ------------------------- K.REKHA, D/O.KUNJIRAMAN NAIR, AGED 28 YEARS, KUTTIYIL HOUSE, CUSTOM ROAD, P.O.VADAKARA BEACH, VADAKARA AMSOM DESOM, VADAKARA TALUK. ADV. SRI.V.V.SURENDRAN FOR R1 SRI.P.A.HARISH FOR R1 SRI.M.S.NARAYANAN[MEDIATOR] THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 04/03/2009, ALONG WITH MAT APPEAL NO. 689 OF 2007, RPFC NOS. 528 & 359 OF 2007 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID,JJ. ------------------------------- MAT.APPEAL NOS. 459 & 689 OF 2007 & R.P.(FC) NOS.359 & 528 OF 2007 & I.A.No.688 OF 2009 ------------------------------- Dated this the 4th day of March, 2009 JUDGMENT Harun-Ul-Rashid,J. The above appeals and revisions arise from the common order in O.P.Nos.457/2004, 672/2004 & MC.No.323/2004 on the file of the Family Court, Kozhikode. By the said order dated 5/7/2007 O.P.No.457/04 filed by the husband for a decree of divorce was dismissed, O.P.No.672/04 filed by the wife also ended in dismissal and M.C.No.323/04 was partly allowed. 2. When the matter was taken up for final hearing, we directed the parties to appear before us. Accordingly, the parties appeared before us. We have interacted with the parties on several occasions. We also had the assistance of the learned conciliator Sri M.S.Narayanan. The parties agreed to settle all the disputes between them. Accordingly, they filed I.A. No. 688/2009 in -2- MAT.APPEAL.NOS.459 & 689/07 & R.P.(FC).NOS.359 & 528/07 & IA.NO.688/09 Mat.Appeal No.459/2007 under Section 13B of the Hindu Marriage Act stipulating the terms of compromise and prayed to dissolve the marriage between the parties by a decree of divorce by mutual consent. On interaction with the parties, we are convinced that the marriage between the parties is irretrievably broken down and that there is no chance of reunion. 3. The parties got married on 6/11/1997 and they were living as husband and wife only till 2/12/1999. For the last 9 years they are living separately. In the circumstances, we also find that there is no necessity for the parties to wait, till the lie over period is over. Accordingly, the lie over period is waived. A decree of divorce by mutual consent is passed with effect from today. The other terms of settlement are recorded and I.A.No.688/2009 shall form part of this judgment and decree. 4. In view of the settlement as stated above, there is no necessity to prosecute other pending cases between the parties. Accordingly in order to secure the ends of justice, C.C.Nos.684/04 and 477/04 on the file of the Judicial First Cass Magistrate's Court, -3- MAT.APPEAL.NOS.459 & 689/07 & R.P.(FC).NOS.359 & 528/07 & IA.NO.688/09 Vadakara are quashed. O.P.Nos.457 and 672/04 are struck off from the file. M.C.No.323/04 is closed. The terms arrived at are in full and final settlement of all monetary claims between the parties. 5. The child, who is about 10 years, is in the custody of the mother. The father is working abroad. For all these years the child is maintained by the mother. The father is free to visit the child at least twice in each visit at the premises of Additional District Court, Vadakara. He can be with the child for three hours. The visit shall be made without causing any difficulty for the child in his studies. The father shall inform his visit at least on the previous day. Appeals and revisions are disposed of and I.A.No.688/09 is allowed. Sd/- KURIAN JOSEPH, Judge. Sd/- HARUN-UL-RASHID, Judge. kcv. “C.C. Nos.684/04 and 477/04” occurring in the second sentence in paragraph 4 of the judgment dated 4/3/2009 in Mat.Appeal 459/2007 and connected cases are corrected as -4- MAT.APPEAL.NOS.459 & 689/07 & R.P.(FC).NOS.359 & 528/07 & IA.NO.688/09 “C.C.Nos.688/2004 and C.C.477/2005” as per order dated 27/8/2009 in I.A.No.2352/2009. Sd/- Registrar (Judicial)