IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS THURSDAY, THE 23RD JUNE 2011 / 2ND ASHADHA 1933 Mat.Appeal.No. 431 of 2008() ----------------------------------- OP.77/2007 of FAMILY COURT, THIRUVALLA .................... PETITIONER(S): ------------------- ABDUL LATHEEF,SAMEENA MANZIL, THADICKADU,ARACKAL VILLAGE, ANCHAL. BY ADV. SRI.V.PREMCHAND RESPONDENT(S): ------------------- 1. FOUSIYA BEEGOM,PARAVILAYIL, MANNADY KIZHAKKU,KADAMPANADU VILLAGE, ADOOR TALUK. 2. HAFSANA (MINOR),-DO- REPRESENTED BY MOTHER AND GUARDIAN, RESPONDENT NO.1. ADV. SRI. K.SHAJ FOR R1-2 SRI.SAJJU.S FOR R1-2 THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 23/06/2011, ALONG WITH MA NO.588 OF 2008 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------- Mat.Appeal Nos.431 and 588 of 2008 ------------------------------------------------------- Dated 23rd June, 2011. J U D G M E N T Joseph, J. These appeals are connected and hence we dispose of the same by a common judgment. These cases arise out of O.P.No.77/2007 on the file of the Family Court, Thiruvalla, which was a petition filed by the wife and the minor child, seeking return of gold ornaments and money. The Family Court passed a decree directing the first respondent in the Original Petition to pay Rs.5,61,500/- to the petitioner, with 7% interest per annum from the date of decree till realization. The court also passed a decree for maintenance, granting maintenance at the rate of Rs.1,000/- to the first petitioner/wife and Rs.750/- to the minor child. The wife and the child filed Mat. Appeal 588/08, being aggrieved by the quantum of decree, while the husband filed Mat. Appeal 431/08, being aggrieved by the decree. 2. Pending the matter, apparently the parties have arrived at a settlement and they have filed I.A.1593/2011 in M.A.431/2008. In the said application, they have stated that disputes have been settled and an amount of Rs.5,61,500/- is to be paid by the husband to the respondents. The said amount is Mat.Appeal Nos.431 & 588/2008 2 stated to be in the custody of the Secretary, Thadicadu Jamath, to be given to the wife and minor child on withdrawal of the appeals. An agreement in this regard is also executed. The wife has agreed that no further amounts will be claimed. 3. Learned counsel appearing for the husband would say that the husband will continue to pay Rs.750/- per month as maintenance to the daughter, as decreed and that portion of the decree can stand. 4. Therefore, we allow I.A.1593/2011 and dispose of the appeals in terms of the compromise. But, we make it clear that the impugned decree, in so far as it relates to maintenance at the rate of Rs.750/- to the child, will stand. The impugned decree will stand modified accordingly. Sd/- K.M.JOSEPH, JUDGE. Sd/- M.L.JOSEPH FRANCIS, JUDGE. tgs (True copy) P.S. to Judge.