BEFORE THE LOK ADALAT ORGANISED BY THE KERALA HIGH COURT LEGAL SERVICES COMMITTEE PRESENT : SRI.S. VENKITA SUBRAMANIA IYER (SENIOR ADVOCATE, HIGH COURT OF KERALA & SRI.K.J.THOMAS STANLEY (RETD.ADDL.DISTRICT JUDGE) THURSDAY, THE 3RD JANUARY 2008 / 13TH POUSHA 1929 WP(C).No. 32505 of 2007(T) -------------------------- MC.46/2007 of J.M.F.C.-II,THIRUVANANTHAPURAM .................... PETITIONERS: --------------- 1. MURALEEDHARAN RAGHAVAN, S/O.RAGHAVAN, AGED 39 YEARS, RESIDING AT NADAMADATHU HOUSE, PAYAPPAR P.O., PALA, KOTTAYAM. 2. MADHAVAN, AGED 62 YEARS, RESIDING AT NADAMADATHU HOUSE, PAYAPPAR P.O., PALA, KOTTAYAM. BY ADV. SRI.K.GOPALAKRISHNA KURUP SRI.S.MANU RESPONDENTS: ----------------- 1. ASHA DIVAKARAN, W/O.MURALEEDHARAN, AGED 32 YEARS, RESIDING AT SREE SAILAM, V.K.K.NAGAR, HOUSE NO.48, T.C.73/2047, VALLAKKADAVU P.O., THIRUVANANTHAPURAM. 2. THE DISTRICT PROBATION OFFICER, THIRUVANANTHAPURAM. 3. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SMT.T.S.MAYA (THIYADIL) R2& R3 BY PUBLIC PROSECUTOR, SMT.LAKSHMI RANI. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR DETERMINATION AT LOK ADALAT AND THE PARTIES HAVING SETTLED THE MATTER, THE FOLLOWING AWARD IS PASSED IN TERMS OF SETTLEMENT. SRI.S.VENKITA SUBRAMANIA IYER (SENIOR ADVOCATE, HIGH COURT OF KERALA) & SRI.K.J.THOMAS STANLEY (RETIRED ADDITIONAL DISTRICT JUDGE) --------------------------- W.P.(C)No.32505 OF 2007 -------------------------- Dated this the 3rd day of January, 2008 A W A R D It is agreed between the parties on either side in the presence of their counsel that all the disputes between them can be settled on the following terms and on such settlement there will be no further claim for Smt. Asha Divakaran as against Shri.Muraleedharan. i) The petitioner Shri.Muraleedharan will return a sum of Rs.5,00,000/- (Rs.Five lakhs only) to Smt.Asha Divakaran within a period of one month from today. ii) 115 sovereign worth of gold ornaments in specie or in equivalent money value as on today will be returned by Shri.Muraleedharan to Smt.Asha Divakaran within the above said period of one month. iii) An amount of Rs.7.5 lakhs will be deposited by Shri.Muraleedharan in the name of minor child Arjun in a nationalised bank. That amount can be drawn by the minor child W.P.(C)NO.32505/2007 3 Arjun on attaining majority. Till the child attains majority, the interest accruing on the fixed deposit shall be drawn by Smt.Asha Divakaran for the upbringing of the minor child. iv) Since the parties feel that there is no chance of restoring the matrimonial home and the marriage is irretrievably broken, they agreed to file a joint petition under Section 13B of the Hindu Marriage Act before the Family Court on the fulfilment of the above terms. It is agreed to by and between the parties to move the Family Court, Thiruvananthapuram in the pending HMA (OP) No.1263/2006 to seek suitable amendment of the existing O.P. and to convert the same as one under Section 13B of the Hindu Marriage Act and instantly to waive the statutory period of six months provided under the Act. v) M.C.No.179/2007 of the Family Court, Thiruvananthapuram and M.C.NO.46/2007 on the file of the Judicial First Class Magistrate Court-II, Thiruvananthapuram will be withdrawn by Smt.Asha Divakaran on complying by Shri.Muraleedharan of the terms above stated. vi) It is also agreed that Shri.Muraleedharan will be allowed to visit and have the company of minor Arjun at all reasonable times. The dates on which he would like to visit the W.P.(C)NO.32505/2007 3 child or keep company of the child will be intimated atleast one week in advance to Smt.Asha Divakaran. The writ petition is settled as above. SRI.S.VENKITA SUBRAMANIA IYER (SENIOR ADVOCATE, HIGH COURT OF KERALA) SRI.K.J.THOMAS STANLEY (RETIRED ADDITIONAL DISTRICT JUDGE) ps