IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 22ND MAY 2008 / 1ST JYAISHTA 1930 MFA.No. 1004 of 2001(A) ----------------------- OPHMA.109/1999 of FAMILY COURT, KOTTAYAM AT ETTUMANOOR .................... APPELLANT/PETITIONER: ----------- VENUNATHAN NAIR, S/O. RAMAKRISHNA PILLAI, MEPRESSERIL HOUSE, PALLICKALCHIRA, PAIPPADU VILLAGE, CHANGANACHERRY. BY ADVS. SRI.TOM JOSE SMT.GEETHA JOB(OZHUKAYIL) RESPONDENT/RESPONDENT: ------------- PONNAMMA K.N., D/O. V.K. NARAYANA PANICKER, AICKULATHU HOUSE, NEDUMKUNNAM P.O., KOTTAYAM, (NOW WORKING AS TEACHER IN N.S.S.U.P. SCHOOL, THRUKKOTHAMANGALAM) BY ADV. SMT.KOCHUMOL KODUVATH SRI.KARJET KODUVATH THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 22/05/2008, ALONG WITH MAT.APPEAL NO. 329 OF 2006, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, J. ---------------------------------------------------------------- M.F.A. NO.1004 OF 2001 & MAT. APPEAL NO. 329 OF 2006 ---------------------------------------------------------------- Dated this the 22nd day of May, 2008 JUDGMENT Kurian Joseph, J. M.F.A. No.1004 of 2001 is filed by the petitioner in O.P.(H.M.A.) No.109 of 1999 on the file of the Family Court, Kottayam at Ettumanoor. Mat. Appeal No.329 of 2006 is filed by the respondents in O.P. No.489 of 1999 before the same court. In the former case, the husband sought divorce on the ground of desertion. That was rejected by the Family Court and hence the appeal. In the latter case, the prayer for return of money and articles was only partly allowed and hence the appeal. 2. During the pendency of the appeals, we directed the parties to appear before us. We had the assistance of Adv. G. Sreekumar as mediator. Thanks to the strenuous efforts taken by Adv. G. Sreekumar and the co-operation extended by counsel appearing on both sides and also the parties, the parties have agreed to settle their disputes in the following terms: M.F.A. No.1004/2001 & Mat.Appeal No.329 /2006 2 i. Sri. Venunathan Nair will clear the entire arrears of maintenance within a period of one month from today. He will also continue to pay the maintenance until the second child becomes a major, at the present rate. He submits that the entire arrears as computed upto the attainment of majority of the younger child will be paid in a lump. ii. Sri. Venunathan Nair will pay an amount of Rs.2 lakhs in the joint name of both the children and the same will be put in a fixed deposit in the joint name of both children for a period of three years. iii.Sri. Venunathan Nair submits that in case he gets any ancestral property from his mother, the same will be settled in the name of the children and the children can enjoy the same after his death. It is also submitted that in case Sri. Venunathan Nair has any other property that will also accrue to the benefit of the children Arunkumar and Ajithkumar after his death. iv.The parties will also file a joint petition under Section 13 B of the Hindu Marriage Act. The above terms are recorded. 3. When the appeals were posted today, it is reported that Sri.Venunathan Nair has handed over an amount of Rs.2,00,000/-, as already agreed between the parties, towards full and final settlement of all M.F.A. No.1004/2001 & Mat.Appeal No.329 /2006 3 monetary claims. The parties have also filed I.A. No.1098 of 2008 in M.F.A. No.1004 of 2001 for a decree of divorce on mutual consent. The parties are present before us today also. We are satisfied that there is no collusion and it is in the interest of the parties that the decree as prayed for is granted. The parties have been litigating for the last about ten years and hence a further lie over is not necessary. Accordingly, we allow I.A. no.1098 of 2008 in M.F.A. No.1004 of 2001 and the marriage between Sri.Venunathan Nair and Smt. K.N. Ponnamma is dissolved by a decree of divorce on mutual consent. The appeals are disposed of in terms of the settlement as recorded above. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) sp/ M.F.A. No.1004/2001 & Mat.Appeal No.329 /2006 4 KURIAN JOSEPH & HAURN-UL-RASHID, JJ. M.F.A. NO. 1004/2001 & MAT.APPEAL NO.329/2006 JUDGMENT 22nd MAY, 2008 M.F.A. No.1004/2001 & Mat.Appeal No.329 /2006 5