IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 8TH APRIL 2008 / 19TH CHAITHRA 1930 Mat.Appeal.No. 115 of 2007(Y) ----------------------------- AGAINST THE ORDER DATED 17/01/2007 IN OP.741/2004 IN OP.498/2003 of FAMILY COURT, KOTTAYAM .................... APPELLANT/PETITIONER/RESPONDENT ------------------------------------------- P.P.ANILKUMAR,S/O.PRABHAKARAN, CHENGATTU HOUSE,ANICKADU VILLAGE,KOTTAYAM DISTRICT BY ADVS. SRI.TITUS MANI SRI.S.SURAJ (PALATHANATHU) RESPONDENT/PETITIONER/RESPONDENT --------------------------------------------- S.V.SUBIMOL,D/O.KAMALAMMA, SREE NARAYANA VILASAM,MUKKOOTTUTHARA BHAGOM, ERUMELI VILLAGE,NOW RESIDING AT PENGATTU(AKKOSE) HOUSE,KODUNGOOR KARA,VAZHOOR VILLAGE, CHANGANACHERRY,KOTTAYAM DISTRICT.REPRESENTED BY HER MOTHER KAMALAMMA. BY ADVS. SRI.P.BABU KUMAR SRI.P.HARIDAS(CONCILIATOR) THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 08/04/2008 ALONG WITH MA NO. 464 OF 2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------------------------- MAT. APPEAL NOS. 115 & 464 OF 2007 ---------------------------------------------------------------- Dated this the 8th day of April, 2008 JUDGMENT Kurian Joseph, J. These appeals are at the instance of the petitioner in O.P. Nos.498 of 2003 and 741 of 2004 respectively on the file of the Family Court, Kottayam. Though the parties have a chequered history of love marriage and are close relatives and have a child whom they have named Akshay, it appears that the parties are unable to continue the marital status. There are various litigations between the parties. We had the assistance of Adv. Sri.P.Haridas as conciliator-cum-mediator. We are happy to note, thanks to his strenuous efforts , the disputes between the parties have been settled finally, but the parties are not willing for a reunion and they have decided to end their marital status. I.A. No.523 of 2008 has been filed in Mat. Appeal No.115 of 2007 reducing the terms of compromise. As part of the compromise, the parties have filed I.A. No.524 of 2008 under Section 28 of the Special Marriage Act for a decree of divorce on mutual consent. 2. The parties have been litigating for some time. We have talked to Mat.Appeal Nos. 115 & 464 of 2007 2 them on several occasions. We are convinced that there is no collusion between the parties and dissolution of marriage is only in their interest. Accordingly, we allow I.A. No. 524 of 2008. The marriage between Sri. P.P. Anil Kumar and Smt. S.V. Subimol is dissolved by a decree of divorce on mutual consent. 3. Since the parties have settled their disputes, it is only in their interest that the remaining litigations are also put an end to. We also find that C.C. No.279 of 2006 is pending before the Judicial First Class Magistrate's Court, Kanjirappally. It is a case charge sheeted on a complaint filed by Smt. Subimol against Sri. Anil Kumar. In view of the compromise of the entire disputes between the parties, it is only in the interest of justice and in the interest of the parties that the criminal proceedings are also terminated. Accordingly, we quash the proceedings in C.C. No.279 of 2006 on the file of the Judicial First Class Magistrate's Court, Kanjirappally. 4. The minor child is now passing on to the third standard. The anxiety of the mother is that as the child passes on to higher classes, the educational expenses will be more. Sri. Anil Kumar submits that he will Mat.Appeal Nos. 115 & 464 of 2007 3 meet all the educational expenses of his son. This submission is recorded. 5. Mat. Appeal No.115 of 2007 is disposed of as above. I.A. No.523 of 2008 will form part of the judgment. Mat. Appeal No.464 of 2007 has been rendered infructuous in view of the judgment in Mat. Appeal No.464 of 2007. It is accordingly closed. We record our appreciation for the strenuous efforts taken by Adv. Sri. P.Haridas in putting an end to the long pending disputes between the parties and settling the disputes and purchasing peace between the parties and their families. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) sp/ Mat.Appeal Nos. 115 & 464 of 2007 4 KURIAN JOSEPH & HAURN-UL-RASHID, JJ. MAT. APPEAL NOS. 115 & 464 OF 2007 JUDGMENT 8TH APRIL, 2008