IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 17TH MARCH 2008 / 27TH PHALGUNA 1929 Mat.Appeal.No. 262 of 2007() ---------------------------- O.P.(DIV)No.61/2006 of FAMILY COURT, KOTTAYAM AT ETTUMANUR APPELLANT/ PETITIONER ------------------- BIJU VARGHESE @ FRANCIS, S/O VARGHESE & ROSAMMA, KANNAMKULAM HOUSE, SANTHIPURAM P.O., NEDUNGADAPALLY, KOTTAYAM. BY ADV. SRI.V.V.NANDAGOPAL NAMBIAR RESPONDENT/ RESPONDENT ----------------------- BEENA VARGHESE @ KATHRINAMMA, D/O VARGHESE & CHINNAMMA, KADATHUKULAM HOUSE, CHEKKIDIKKADU P.O., PACHA, ALAPPUZHA. (PRESENTLY WORKING AS NURSE'S AID IN PUSHPAGIRI HOSPITAL, THIRUVALLA) BY ADV. SRI.K.S.HARIHARAPUTHRAN THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 17.03.2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ----------------------------------------- Mat.Appeal No. 262 OF 2007 ----------------------------------------- Dated this the 17th day of March, 2008. J U D G M E N T Kurian Joseph, J. This is an appeal filed by the husband aggrieved by the order in O.P.(Divorce) No.61/2006 on the file of the Family Court, Kottayam. The said petition was filed seeking divorce. That was dismissed and hence the appeal. During the pendency of the appeal, we directed the parties to be present before us in order to thrash out the possibility of a settlement. We also had the assistance of Sri.Sathish Ninan, learned counsel practicing before this Court, as conciliator. Thanks to the efforts taken by the conciliator and this court and also thanks to the co-operation extended by the learned counsel on both sides and the parties, it is noted that the parties have reached a settlement. 2. True, they have decided to part but they part as friends. A petition is filed under Section 10A(2) of the Divorce Act, 1869. The marriage took place on 11.9.2003. The original petition was filed in the year 2006. The parties have been living Mat.Appeal.No.262/2007 2 separately for the last around five years. We do not think that a further lie over period is necessary in this case, in the background of the disputes between the parties. Therefore, the marriage between the appellant and respondent is dissolved by a decree of divorce by mutual consent. I.A.No.746/2008 is allowed. 3. It is submitted by the parties who are present before us that they have settled all other disputes between them and as part of the settlement the respondent has received an amount of Rs.3,00,000/- (Rs.Three lakhs only) towards permanent alimony and there are no further claims either by way of maintenance or on any other ground, since the Biju Varghese has already returned the gold ornaments. The matrimonial dispute is disposed of as above. KURIAN JOSEPH, JUDGE HARUN-UL-RASHID, JUDGE ps