IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 29TH JULY 2009 / 7TH SRAVANA 1931 Mat.Appeal.No. 660 of 2007 ---------------------------- O.P.NO. 386/2005 & MC.191/2005 of FAMILY COURT,KOZHIKODE .................... PETITIONER: APPELLANT/RESPONDENT ----------------------------------- AJITH K.T.K., S/O.BALAN, AGED 37 YEARS, KELOTH THAZHE KUNI HOUSE, CHORODE AMSOM DESOM, VADAKARA TALUK, NOW RESIDING AT THE HOUSE OF KUTTIARITHAZHE KUNIYIL DEVI, W/O.GOPALAN. BY ADV. SRI.V.N.RAMESAN NAMBISAN RESPONDENT: PETITIONERS -------------------------- NAINA A.K., D/O.RAVEENDRAN, KANISHANTE THAZE KUNIYIL HOUSE, ONCHIYAM AMSOM, KANNOOKARA DESOM, VADAKARA TALUK, P.O. KANNOOKKARA. ADV. SRI.S.SREEKUMAR FOR R1 ADV.SRI.GEORGE MERLO PALLATH[MEDIATOR] THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 29/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. -------------------------------------------------- Mat.Appeal No.660 OF 2007 ----------------------------------------------------- DATED THIS THE 29th DAY OF JULY, 2009 J U D G M E N T Basant, J. This appeal is preferred by the appellant against a decree for divorce granted by the court below dissolving his marriage with the respondent herein under Section 13 of the Hindu Marriage Act. Active efforts were undertaken to settle the dispute between the parties. A long last, when the matter came up for hearing today, the learned counsel for the appellant submits that though the matter is not settled entirely, the appellant does not want now to challenge the decree for divorce granted. In these circumstances, it is prayed that this Mat.Appeal may be dismissed as not pressed. 2. We accept the said submission of the learned counsel for the appellant. We are satisfied that as requested by the learned counsel and in pursuance of the partial settlement reached between the parties, the impugned order granting divorce can be upheld and this Mat.Appeal can be dismissed Mat.Appeal No.660/07 -2- without costs. This appeal is accordingly dismissed. Parties shall suffer their respective costs. R.BASANT, JUDGE. M.C.HARI RANI, JUDGE. dsn