IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 18TH AUGUST 2008 / 27TH SRAVANA 1930 Mat.Appeal.No. 133 of 2007() ---------------------------- OP.(HMA)NO.390/2004 of FAMILY COURT, KOLLAM .................... APPELLANT/ PETITIONER: ------------ SUNDARI, AGED 30 YEARS, D/O N.RAMACHANDRA REDDIAR, KARTHIKA, NEELAMTHOTTAM, CUTCHERY P.O., KOLLAM-13. BY ADV. SRI.P.B.SURESH KUMAR RESPONDENT: RESPONDENT ----------------------- R.VENKITESH (KANNAN), AGED 36 YEARS, S/O P.RAMACHANDRA REDDIAR, VENNILA, PALACE WARD, SOUTH OF PALACE BRIDGE, ALLEPPEY. BY ADV. SRI.JOHNSON GOMEZ FOR R1 SRI.S.SUBHASH CHAND [CONCILIATOR] THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 18/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ----------------------------------------- Mat.Appeal No.133 of 2007 ----------------------------------------- Dated this the 18th day of August, 2008 JUDGMENT Kurian Joseph,J. This is an appeal filed against the judgment and decree in O.P(HMA)No.390/2004 on the file of the Family Court, Kollam. Petitioner is the appellant. She is aggrieved by the dismissal of the petition for divorce. When the matter was posted before us we directed the parties to be present before us. Thanks to the strenuous efforts taken by the learned Conciliator Sri.Subhash Chand, thanks to the co-operation of the counsel appearing for both sides and thanks to the efforts taken by this court, the parties have decided to settle the disputes. True they are parting. But the only consoling factor is that they are parting not as enemies, but as friends. They have decided to settle all the related disputes. One related case is O.S.No.278/2002 on the file of the Family Court, Kollam for return of money and gold ornaments. It is submitted that the respondent will pay an amount of rupee one lakh to the appellant Mat.Appeal No.133 of 2007 -:2:- within a period of six months and a compromise petition in that regard has already been filed before the Family Court. It is also agreed that M.C.No.89/2007 and O.P.No.190/2007 on the file of the Family Court, Kollam will not be pursued. In terms of such settlement they have also filed a petition under Section 13B of the Hindu Marriage Act as I.A.No.2164/2008. In the background of the litigation between the parties and in view of the fact that they have been living separately since 2001 onwards and since the relationship is irreconcilable, we do not think that a further lie over period is necessary. Accordingly we allow I.A.No.2164/2008 and the marriage between the appellant Sundari and the respondent Venkitesh is dissolved by a decree of divorce on mutual consent. M.C.No.89/2007 and O.P.No.190/2007 on the file of the Family Court, Kollam are struck off from its file. O.S.No.278/2004 on the file of the said court will be decreed in terms of the compromise. 2. Since the parties have thus settled their disputes between them and peace has been purchased we do not think that the criminal case C.C.No.866/2008 on the file of the JFCM II, Mat.Appeal No.133 of 2007 -:3:- Kollam need be kept pending. It is only in the interests of justice and in the interests of parties that the criminal litigation also is put an end to. Accordingly we quash the proceedings in C.C.No.866/2008 on the file of the JFCM II, Kollam. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) ahg. KURIAN JOSEPH & HARUN-UL-RASHID, JJ. --------------------------- Mat.Appeal No.133 of 2007 ---------------------------- JUDGMENT 18th August, 2008