IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 7TH AUGUST 2008 / 16TH SRAVANA 1930 WP(C).No. 19993 of 2008(S) -------------------------- OP.509/2007 & 962/07 of FAMILY COURT,TRIVANDRUM .................... PETITIONER: ------------ JOSE KAIMALETTU MATHEW, W/O K.M.MATHEW, AGED 39 YEARS, RESIDING AT KAIMALETTU HOUSE, PALAKKATTUKALA KARA, KURICHITHANAM VILLAGE, MEENACHIL TALUK. BY ADV. SRI.P.C.HARIDAS RESPONDENTS: ------------- SUSHEELA ANGELA, W/O JOSE KAIMALETTU MATHEW, RESIDING AT 47/413,NADUTHURA, POOMTHURA KARA AND VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.A.M.MUKTHAR FOR R1 SRI.K.RAJESH KANNAN FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.C.NO.19993/2008 A P P E N D I X PETITIONER'S EXHIBITS : EXT.P1 : TRUE COPY OF THE O.P.NO.893/06 FILED BEFORE THE FAMILY COURT, ETTUMANOOR. EXT.P2 : TRUE COPY OF THE WRITTEN OBJECTION TO EXT.P1. EXT.P3 : TRUE COPY OF THE O.P.NO.509/07 BEFORE THE FAMILY COURT, THIRUVANANTHAPURAM. EXT.P4 : TRUE COPY OF THE RELEVANT PAGES OF THE PASSPORT OF THE PETITIONER. KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------- W.P.(C) No.19993 of 2008 ---------------------------------------------- Dated 7th August, 2008. J U D G M E N T Kurian Joseph, J. The writ petition is filed praying for a direction to dispose of O.P.Nos.509/07 and 962/07 pending before the Family Court, Thiruvananthapuram. O.P.509/07 is one filed by the respondent praying for return of money and O.P.962/07 is filed by the petitioner seeking divorce. When the writ petition came up before us, we directed the parties to be present before us. We had several rounds of discussions with the parties. Finally they have decided to settle the disputes between them amicably. True, they have decided to part. But parting according to them is inevitable and they are parting as friends. In the process of such parting, the petitioner/husband has handed over an amount of Rs.3 lakhs to the respondent. He has also executed a document conveying 50 cents of property with a building. They have filed I.A.10049/08 under Section 10A of the Divorce Act, 1869. In the nature of the disputes between the parties, and taking note of their separation for the last around five years, we are convinced that a further lie over period is not necessary, and that there is no WP(C) NO.19993/08 2 collusion. In the above circumstances, the marriage between the petitioner and the respondent is dissolved by a decree of divorce on mutual consent. I.A.10049/08 is accordingly allowed, and the same will form part of this judgment. In view of the settlement of the disputes between the parties, it has become unnecessary to continue the two original petitions before the Family Court, Thiruvananthapuram, pending between the parties. Accordingly, O.P.509/07 and 962/07 are struck off from its file. KURIAN JOSEPH, JUDGE. HARUN-UL-RASHID, JUDGE. tgs KURIAN JOSEPH & HARUN-UL-RASHID, JJ ---------------------------------------------- W.P.(C) No.19993 of 2008 ---------------------------------------------- J U D G M E N T Dated 7th August, 2008.