IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 2ND MARCH 2009 / 11TH PHALGUNA 1930 Mat.Appeal.No. 98 of 2004 ------------------------------------- OP.363/1998 of FAMILY COURT,THRISSUR .................... APPELLANT/RESPONDENT IN THE OP -------------------------------------------------- K.A.VIJAYAN AGED 38, S/O. MANIAMMA, SREEVIHAR, COONOOR DESOM, NEELAGIRI DISTRICT, TAMILNADU. BY ADV. SRI.G.SREEKUMAR (CHELUR) RESPONDENT/ PETITIONER IN THE OP ---------------------------------------------------- JYOTHI AGED 30, S/O. RUGMINIAMMA, KORATH HOUSE, ELAVALLY DESOM, CHAVAKKAD TALUK, THRISSUR DISTRICT. ADV. SMT.C.V.BINDU SRI.K.S.ARUN KUMAR THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 02/03/2009, ALONG WITH MA NO. 102 OF 2004 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.Raman & P.S.Gopinathan, JJ. ================================== Mat.Appeal Nos.98 & 102 of 2004 ================================== Dated this the 2nd day of March, 2009. JUDGMENT Raman, J. Parties are the same. Mat.Appeal No.98 of 2004 arises out of the order in O.P.No.363 of 1998 on the file of the Family Court, Thrissur, which is a petition for restitution of conjugal rights. It was allowed. Hence, the appeal. Mat.Appeal No.102 of 2004 arises out of O.P.No.464 of 1998 on the file of the Family Court for return of gold ornaments. It was decreed partly. Hence, the appeal. There is another proceedings now pending before the Family Court as O.P.No.1363 of 2006 filed by the husband seeking for a divorce. While the two appeals were pending before this Court, MANOS.98&102/04 -:2:- parties settled all the matrimonial disputes between them and filed a compromise petition. As per the compromise, parties have agreed that the marriage between the parties was dissolved by a decree of divorce and regarding the monetary disputes, an amount of Rs.5,00,000/- will be paid by the appellant on full and final settlement of claims, both past and future maintenance, out of which 4.5 lakhs was paid by Demand Draft and the remaining Rs.50,000/- in cash. We also agree that in view of the joint settlement seeking for a divorce by mutual consent, O.P.No.1363 of 2006 pending before the Family Court will stand dismissed as withdrawn. Accordingly, compromise is recorded. A decree is passed dissolving the marriage between the MANOS.98&102/04 -:3:- parties. O.P.No.1363 of 2006 is struck off from the files of the Family Court. Copy of the settlement will form part of this order. Appeals are accordingly disposed of. P.R.Raman, Judge. P.S.Gopinathan, Judge. sl.