IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 8TH FEBRUARY 2008 / 19TH MAGHA 1929 WP(C).No. 38101 of 2007(S) -------------------------- OP.762/2007 of FAMILY COURT,ERNAKULAM .................... PETITIONER: ------------ REJI ROBIN JOHN, RESIDING AT 28/3653 A, AMBELIL HOUSE, SOONORO CHURCH ROAD, ELAMKULAM, KADAVANTHARA P.O. 682 020, ERNAKULAM DISTRICT. BY ADV. SRI.M.N.MATHEW RESPONDENTS: ------------- NEEMA, RESIDING AT FLAT NO. 8 B, KTTEKKARAN TOWERS, OFF PROVIDENCE ROAD, KACHERIPPADY, KOCHI 682 018, ERNAKULAM DISTRICT. BY ADV. SRI.T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ----------------------------------------- W.P(C)No.38101 of 2007 ----------------------------------------- Dated this the 8th day of February, 2008 JUDGMENT Kurian Joseph,J. The writ petition is filed by the husband aggrieved by Ext.P6 order passed by the Family Court, Ernakulam in O.P.No.762/2007. The said original petition is filed by the respondent-wife for a decree of divorce under Section 10 of the Indian Divorce Act. During the pendency of the petition it appears that the respondent-wife filed a petition to amend the pleadings and by the impugned order, the application was allowed. Aggrieved the writ petition. When the writ petition came up for admission and hearing we directed the parties to be present before this court and on their appearance we appointed Smt.Jeena joseph as Conciliator-cum-mediator. It is heartening to note that pursuant to the efforts taken by the learned Conciliator-cum- mediator, and thanks to the co-operation extended by counsel appearing for both sides and also to the parties, they have reached a settlement. The parties are also present before us today. 2. In terms of the settlement it is submitted that the impugned order regarding the amendment can be sustained and the matter can be remitted to the Family Court, Ernakulam. The parties have also W.P(C) NO.38101/2007 -:2:- filed I.A.No.2054/2008 for recording the terms of the compromise. We have recorded the terms by a separate order. 3. In view of the settlement of disputes as above, O.P.No.763/2007 on the file of the Family Court, Ernakulam will stand struck off from the file of the said Court. The impugned Ext.P6 order passed in O.P.No.762/2007 on the file of the Family Court, Ernakulam is upheld. There will be a direction to the Family Court, Ernakulam to dispose of O.P.No.762/2007 within a period of three months from the date of production of a copy of this judgment. 4. In view of the strenuous efforts taken by the learned Conciliator-cum-mediator we find that she has to be reasonably remunerated. Accordingly the remuneration to the Conciliator-cum- mediator is fixed at Rs.5,000/-, which will be equally shared by the parties. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) ahg. KURIAN JOSEPH & HARUN-UL-RASHID, JJ. --------------------------- W.P(C)No.38101 of 2007 ---------------------------- JUDGMENT 8th February, 2008