IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 16TH JANUARY 2008 / 26TH POUSHA 1929 WP(C).No. 21102 of 2007(S) -------------------------- OP.108/2006 of FAMILY COURT,ERNAKULAM .................... PETITIONER: ------------ M.A. MANOJKUMAR, S/O.M.A.ARAVINDAKSHAN, AGED 33 YEARS, MURIKKATHARA HOUSE, PUTHUVYPU SOUTH P.O., PUTHUVYPU-682 508. BY ADV. SRI.B.RAMACHANDRAN RESPONDENTS: ------------- V.V. JIJI, D/O. LATE VASU, AGED 28 YEARS, VARIKANDATHIL HOUSE, KARIPADAM, NEAR D.D.H.S., CHENNEMANGALAM P.O., NORTH PARUR. BY ADV. SMT.K.GIRIJA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.21102/07 A P P E N D I X PETITIONER'S EXHIBITS : EXT.P1 : TRUE COPY OF O.P.108/06 DT. 27.1.2006 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, ERNAKULAM. EXT.P2 : TRUE COPY OF THE OBJECTION DT. 2.9.2006 TO EXT.P1. EXT.P3 : TRUE COPY OF IA NO.1635/07 DT. 17.4.2007 FILED BY THE RESPONDENT. EXT.P4 : TRUE COPY OF THE COUNTER AFFIDAVIT DT. 27.4.2007 TO EXT.P3. EXT.P5 : TRUE COPY OF SALARY CERTIFICATE DT. 28.3.2007. EXT.P6 TRUE COPY OF THE ORDER DT. 27.4.2007 IN I.A.NO.1635/07. KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------- W.P.(C) No.21102 of 2007 ---------------------------------------------- Dated 16th January, 2008. J U D G M E N T Kurian Joseph, J. This writ petition is filed challenging Ext.P6 order passed by the Family Court, Ernakulam in I.A.1635/97 in O.P.108/06. The application was filed by the respondent in the said original petition, under Section 24 of the Hindu Marriage Act, 1955. The Family Court passed the impugned order directing payment of interim maintenance to the petitioner/wife at the rate of Rs.600/- per month from the date of the order and Rs.1,500/- towards litigation expenses. When the Original Petition came up for admission before this court, we directed the parties, by order dated 7.8.2007 to be present before this court. 2. The appellant, Sri.Manojkumar along with his father and the respondent Smt.Jiji along with her brother, are present. We have talked to them extensively. We also had the assistance of Dr.Prakash Chandran, Clinical Psychologist and Adv.Smt.Suhara, learned counsel practising before this court as conciliator. It is now submitted that they have filed a joint petition, I.A.907/08 under Section 13B of the Hindu Marriage Act, WP(C) NO.21102/07 2 since it is highly incompatible for them to continue their marital status. We are convinced that there is no collusion between the parties, and it is a fit case where a decree of divorce by mutual consent should be granted. The marriage took place on 25.8.2002. The parties were before the Family Court since 2006. They have been living separately for more than three years. In the above back ground, we are also convinced that a further lie over period is not necessary. Accordingly, I.A.Nos.906/08 and 907/08 are allowed. The marriage between the appellant and the respondent is dissolved by a decree of divorce on mutual consent. 3. Since the parties have settled the entire disputes, it is submitted that they are not interested in pursuing the criminal case(C.C.670/07) now pending before the Judicial First Class Magistrate Court, Kochi. Accordingly, we quash the proceedings in C.C.670/07 on the file of the J.F.C.M., Kochi. We also note that there are three other cases (O.P.75/06, O.P.108/06 & G.O.P. 109/06) pending before the Family Court, Ernakulam. Since the parties have settled their entire disputes and the terms of WP(C) NO.21102/07 3 settlement are also stated in the affidavit accompanying the petition for divorce on mutual consent, it is submitted that those cases also can be struck off from the file. Ordered accordingly and those cases are struck off from the file of the Family Court, Ernakulam. It is made clear that the parties will abide by the terms of the settlement, as stated in I.A.907/08, as far as maintenance, visitorial rights etc. are concerned. KURIAN JOSEPH, JUDGE. HARUN-UL-RASHID, JUDGE. tgs