IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 22ND SEPTEMBER 2008 / 31ST BHADRA 1930 Mat.Appeal.No. 642 of 2008(B) ----------------------------- OP.4/2007 of FAMILY COURT, THIRUVALLA .................... PETITIONER: RESPONDENTS: ------------------------ 1. MR.G.HARIKRISHNAN, AGED 30 YEARS, PADMASREE, KAIPPALLIL HOUSE, EDAMULACKAL P.O., KOLLAM DISTRICT. 2. N.GOPALAKRISHNAN NAIR, AGED 60 YEARS, PADMASREE, KAIPPALLIL HOUSE, EDAMULACKAL P.O. KOLLAM DISTRICT. 3. S.SARADA DEVI @ SUBHA GOPALAKRISHNAN, AGED 60 YEARS, PADMASREE, KAIPPALLIL HOUSE, EDAMULACKAL P.O., KOLLAM DISTRICT. BY ADV. SRI.P.SANJAY SRI.A.PARVATHI MENON SRI.BIJU MEENATTOOR SRI.M.MUHAMMED SHAFI SRI.JINU JOSEPH SRI.J.ABHILASH RESPONDENTS: PETITIONER: ------------------------ MRS.NIMI NAIR, KOSIATH HOUSE, ANGADICKAL SOUTH P.O., THEKKEKKARA MURI, ANGADICKAL VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.K.RAJESH KANNAN(CAVEATOR) FOR (CAVEATOR) SMT.MAJIDA.S. THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 22/09/2008 ALONG WITH CAVEAT PETITION NO.663/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN & T.R.RAMACHANDRAN NAIR,JJ. ------------------------------- I.A.NO.2514 OF 2008 & MAT APPEAL NO.642 OF 2008 & CAVEAT PETITION NO.663 OF 2008 -------------------------------- Dated this the 22nd day of September, 2008 JUDGMENT Raman,J. First appellant is the husband. Respondent herein is the wife. The challenge is against the judgment in O.P.No.4/2007 of the Family Court, Thiruvalla. That O.P. was filed by the wife for return of gold ornaments, movables and money said to have been paid in connection with the marriage. The Family Court partly allowed the claim against which this appeal is preferred. During the pendency of the appeal, on the advice of of the respective counsel, the parties were able to amicably settle the dispute and had entered into a compromise, the terms of which are reduced in writing and filed before this Court as per the above I.A. The same is recorded. Since both the husband and wife have agreed to -2- MAT APPEALNo.642/2008 dissolve the marriage on mutual consent and agreed to file an application under Section 13 of the Hindu Marriage Act, such application shall be filed before the appropriate Family Court on 24/9/2008. We have already recorded in the previous order that the parties had appeared and agreed to file compromise petition and it is pursuant to that the present application is filed. Accordingly, we direct the Family Court to take up for consideration the joint petition filed under Section 13B of the Hindu Marriage Act preferably on the same day and dispose of the same in accordance with law. 2. Since we have already recorded the compromise, both the parties shall comply with the terms and the Family Court may, before passing orders on the joint petition, record satisfaction of the compromise between the parties. For the limited purpose of enabling the Family Court to take up for consideration the joint petition filed by the parties and to work out the settlement, we set -3- MAT APPEALNo.642/2008 aside the order impugned in this appeal. Writ Petition is disposed of as above. P.R.RAMAN, Judge. T.R.RAMACHANDRAN NAIR, Judge. kcv.