IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 28TH AUGUST 2008 / 6TH BHADRA 1930 Mat.Appeal.No. 180 of 2006() ---------------------------- OPHMA.413/2003 of FAMILY COURT, THIRUVALLA .................... PETITIONER: APPELLANT/PETITIONER --------------------------------- SURESH, KAROOR KIZHAKETHIL HOUSE, ERUMAKUZHY, NOORANAD P.O., MAVELIKARA TALUK. BY ADV. SRI.K.SASIKUMAR RESPONDENTS: RESPONDENT ------------------------ P.SUJATHA, VALLIA AYYATHU VEEDU, KADAKKADU, PANDALAM P.O., ADOOR. BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 28-8-2008, ALONG WITH MA NO. 242 OF 2006 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ----------------------------------------- Mat.Appeal Nos.180 & 242 of 2006 ----------------------------------------- Dated this the 28th day of August, 2008 JUDGMENT Kurian Joseph,J. The former is against the judgment and decree in O.P (HMA) 413/2003 on the file of the Family Court, Thiruvalla whereby the court declined to grant dissolution of marriage. The latter is against the judgment and decree in O.P.No.117/2005 on the file of the same court whereby the court directed payment of Rs.50,000/- towards patrimony and Rs.1,32,750/- with interest at the rate of 6% to the respondent wife. During the pendency of the appeals, we directed the parties to appear before this court. We have talked to the parties and it is seen that the parties have decided to settle the disputes between them amicably. They filed I.A.No.708/2008 stating their terms of compromise. The terms of compromise as stated in I.A.No.708/2008 are recorded. 2. As part of the settlement they also filed a joint petition under Section 13B of the Hindu Marriage Act. The marriage was on 19-3-1989 and they have been living separately ever since 1999. We find that in the background of the litigation between Mat.Appeal Nos.180 & 242 of 2006 -:2:- the parties it is only in their interest that the marriage is dissolved by a decree of divorce on mutual consent. In view of the long separation and since we are convinced that there is no collusion, a further lie over period of six months is not necessary. Accordingly we allow I.A.No.2308/2008 and the marriage between Sri.Suresh, the appellant, and Smt.P.Sujatha, the respondent, is dissolved by a decree of divorce on mutual consent. As part of the settlement the appellant has executed a settlement deed in favour of their two children and the document has been handed over to the respondent. An amount of Rs.2,15,000/- has also been paid to the respondent and she has duly acknowledged the same. The appeals are disposed of in terms of the compromise entered into by the parties and as recorded in I.A.No.708/2008. I.A.No.708/2008 will form part of the decree. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) ahg. KURIAN JOSEPH & HARUN-UL-RASHID, JJ. --------------------------- Mat.Appeal Nos.180 & 242 of 2006 ---------------------------- JUDGMENT 28th August, 2008