IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 4TH MARCH 2009 / 13TH PHALGUNA 1930 WP(C).No. 25963 of 2008(S) -------------------------- AGAINST THE ORDER IN OP 238/2008 AND OP.371/2007 of FAMILY COURT, PALAKKAD .................... PETITIONER(S): --------------- SUNILKUMAR, KOTHOTTIL VEEDU, CHEMBUTHARA PATTIKAD, THRISSUR. BY ADV. SMT.A.K.PREETHA SRI.M.R.RAJESH RESPONDENT(S): --------------- M.GEETHANJALI, "SRE ANJALI", MANJAKKAD, SHORNUR, PALAKKAD. ADV. SRI.G.SREEKUMAR (CHELUR) FOR R1 SRI.K.RAVI (PARIYARATH) FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) NO.25963 OF 2008 PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE PETITION DATED 6.6.2007 FILED BEFORE THE FAMILY COURT, PALAKKAD, IN O.P.NO.371 OF 2007. EXT.P2 TRUE COPY OF THE I.A.NO.1416 OF 2007 DATED 6.6.2007 IN EXT.P1 PETITION. EXT.P3 TRUE COPY OF THE OBJECTION OF THE RESPONDENT TO EXT.P2. //TRUE COPY// P.A. TO JUDGE. P.R.RAMAN & P.S.GOPINATHAN, JJ. ------------------------------- W.P.(C) No.25963 of 2008 ------------------------------- Dated this the 4th March, 2009 J U D G M E N T Raman, J. This writ petition is filed by the husband seeking for a direction to the Family Court, Palakkad, to dispose of the petition filed, I.A.No.1416 of 2007 in O.P.No.371 of 2007, as early as possible. O.P.No.371 of 2007 is a petition filed by the husband seeking divorce and O.P.No.238 of 2008 is a petition filed by the wife for return of gold ornaments and money. C.C.No.712 of 2006, on the file of Judicial First Class Magistrate Court, Ottappalam, is yet another case between the parties filed under Section 498 of Indian Penal Code. 2. During the pendency of the writ petition, we have directed the parties to appear and we also appointed a conciliator to see whether the matrimonial dispute between the parties could be settled amicably and to explore the possibilities W.P.(C) No.25963 of 2008 2 of re-union. Ultimately, we succeeded. The earnest efforts made by the Conciliator as also the learned counsel appearing on either side turned fruitful. Accordingly, a compromise was reached between the parties, and we permitted the parties to proceed to live together as an experimental measure. The gold ornaments were handed over to the wife. Thereafter also, we posted the case on several occasions, and we have been closely assessing the situation, so as to instill confidence in the minds of the Court that the re-union is not a made believe story of two persons living together, rather than we thought, it should be a re-union between the minds. We are convinced that the parties are really prepared to forget the past and to start a new life. It must also be noticed that a child was born in the wed-lock and the child was with the mother. Now, both of them are living together at Shornur, and the child is also getting parental love and affection and vice versa. Today, whatever that has been agreed upon and worked out is put in writing, by filing a compromise petition. 3. We heard the learned counsel appearing on either side and also interacted with the parties. Accordingly, we W.P.(C) No.25963 of 2008 3 record the compromise and dispose of the writ petition, in terms of compromise. O.P.No.371 of 2007,O.P.No.238 of 2008 and M.C.No.540 of 2006 pending before the Family Court will stand dismissed as withdrawn. C.C.No.712 of 2006 was happened to be filed due to the misunderstanding between the parties and as of now, they have started living together and there is no dispute as such pending between them, we quash C.C.No.712 of 2006 on the file of Judicial First Class Magistrate Court, Ottappalam. A copy of this order shall be forwarded to the Family Court, Palakkad, and Judicial First Class Magistrate Court, Ottappalam, for making necessary endorsements in the file, in terms of the above order. P.R.RAMAN, JUDGE P.S.GOPINATHAN, JUDGE. nj.