IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 6TH APRIL 2011 / 16TH CHAITHRA 1933 Mat.Appeal.No. 863 of 2009() ---------------------------- OP.998/2005 OF FAMILY COURT,ERNAKULAM .................... APPELLANT/PETITIONER: ------------------------------------ VARGHESE TITTO, S/O. RAPHEL, VADACKAL HOUSE, EDAMULAKADAVU, AMBATTUKAVU, THAIKKATTUKARA. P.O., ALUVA -6, PRESENTLY EMPLOYED IN DUBAI ALUMINIUM COMPANY, P.O.BOX NO.3627, DUBAI, UAE, EMP NO.6619, P. LINE - 6. BY ADV. SRI.ALEXANDER PETER SMT.SNEHA ROSE RESPONDENT/RESPONDENT: ---------------------------------------- SINCY C.S., D/O.SEBASTIAN, CHAKKUMGAL HOUSE, H/NO.7/118, CHAKKAMADOM, MATTANCHERRY P.O., COCHIN - 2. ADV. SRI.C.A.MAJEED FOR R SRI.K.H.ASIF FOR R THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 06/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Thottathil B.Radhakrishnan & S.S.Satheesachandran, JJ. = = = = = = = = = = = = = = = = = = = = = = = = Mat.Appeal No.863 of 2009 & I.A.No.2460 of 2010 = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 6th day of April, 2011. Judgment Thottathil B.Radhakrishnan, J. This matrimonial appeal arises from an application for dissolution of marriage under the Divorce Act, 1869. Following counselling, I.A.2460 of 2010 is filed invoking Section 10A of that Act placing therewith a compromise settlement between the parties and materials to show the out of court compromise settlement and the payments made among the parties in full and final settlement of the mutual claims as stated therein. The parties have given effect to the settlement. Having perused I.A.2460 of 2010 and the terms of settlement and on the basis of the materials available in the appeal, we are satisfied that the parties have been living MA863/09 -: 2 :- separately for more than two years and that they have not been able to live together and have mutually agreed that the marriage should be dissolved. We are further satisfied after hearing the parties and due enquiry through the materials that the marriage between the parties has been solemnized and that the averments in I.A.2460 of 2010 are true. We are also satisfied that the decision between the parties to seek relief under Section 10A of the Divorce Act, 1869 having been arrived at on settlement in terms of law, the petition can be disposed of in terms of the settlement following the law laid down in Aparna Goyal v. Rakesh Goyal [AIR 2009 SC 1836]. In the result, Mat. Appeal 863 of 2009 and I.A.2460 of 2010 are ordered by passing a decree of divorce declaring that the marriage between the parties to this appeal and interlocutory application is dissolved with effect from today in terms of the settlement and mutual consent under Section 10A of the Divorce Act, 1869. The MA863/09 -: 3 :- out of court settlement between the parties, including the English version thereof and the materials therewith as produced in court as per cf.13212/10 and a copy of I.A.2460 of 2010 will stand appended to the decree. Thottathil B.Radhakrishnan, Judge. S.S.Satheesachandran, Judge. Sha/2004