IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 4TH SEPTEMBER 2008 / 13TH BHADRA 1930 WP(C).No. 23567 of 2008(S) -------------------------- OP.2/2006 of FAMILY COURT,KOZHIKODE .................... PETITIONER: ------------ JISHA.ET, D/O.NARAYANAN NAIR, KIZHAKKETHAYYULLATHIL HOUSE ANCHAMPEEDIKA, KARAYAD PO., MEPPAYUR VIA., KOYILANDY TALUK KOZHIKODE. BY ADV. SRI.SAJAN VARGHEESE K. SRI.LIJU. M.P RESPONDENTS: ------------- SHAJU P.KRISHNAN, S/O.KRISHNAN NAIR, KRIPA, CHEVAYUR POST., KOZHIKODE. BY ADV. SRI.MANJERI SUNDERRAJ THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.C.NO.23567/2008 A P P E N D I X PETITIONER'S EXHIBITS : EXT.P1 : TRUE COPY OF O.P.NO.2/2006 ON THE FILE OF THE FAMILY COURT, KOZHIKODE. EXT.P2 : TRUE COPY OF THE COUNTER STATEMENT FILED BY THE PETITIONER TO EXT.P1. EXT.P3 : TRUE COPY OF THE AFFIDAVIT FILED BY THE RESPONDENT ON 7.4.2008 IN EXT.P1 CASE. EXT.P4 : TRUE COPY OF THE AFFIDAVIT FILED BY THE PETITIONER HEREIN IN EXT.P1 CASE. EXT.P5 : TRUE COPY OF THE CUMULATIVE RECORD OF ANJANEYA JS ISSUED BY AJAY KINDERGARTEN AND PREPARATORY SCHOOL, PERAMBRA. EXT.P6 : TRUE COPY OF THE SURVODAYA AWARD ISSUED TO ANJANEYA JS ON 12.2.2008. EXT.P7 : TRUE COPY OF THE CERTIFICATE AWARDED TO ANJANEYA JS FOR GENERAL PROFICIENCY. EXT.P8 : TRUE COPY OF THE AWARD ISSUED TO ANJANEYA JS FOR ENGLISH STORY TELLING. EXT.P9 : TRUE COPY OF THE AWARD ISSUED TO ANJANEYA JS FOR MALAYALAM RECITATION. EXT.P10 TRUE COPY OF THE AWARD ISSUED TO ANJANEYA JS FOR STANDING LONG JUMP COMPETITION. EXT.P11 : TRUE COPY OF THE AWARD ISSUED TO ANJANEYA JS FOR HANDWRITING. EXT.P12 : TRUE COPY OF THE AWARD ISSUED TO ANJANEYA JS FOR DRAWING. KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------- W.P.(C) No.23567 of 2008 ---------------------------------------------- Dated 4th September, 2008. J U D G M E N T Kurian Joseph, J. The issue raised in the writ petition pertains to the custody and guardianship of Master Kripan @ Anjaneyan, the child born to the parties. When the matter came up before us, we directed the parties to be present before us. They were also directed to consult a Psychologist. In the process, the parties have decided to settle the disputes, and as part of such settlement, they have filed I.A.11689/08 under Section 13B of the Hindu Marriage Act.. The parties were married on 27.5.1998. It is seen that they have been living separately since November, 2005, with an intend to part for ever. In the background of the disputes between the parties, we do not think that a further lie over period is necessary. We are also convinced that there is no collusion. 2. The terms of compromise have been reduced to an agreement, Annexure R1(a) in I.A.11689/08. Therefore, we allow I.A.11689/08 and declare that the marriage between the petitioner and respondent is dissolved by a decree of divorce on WP(C) NO.23567/08 2 mutual consent. The terms of compromise are recorded. 3. In view of the settlement as above, it is not necessary to continue O.P.Nos.2/2006 and 511/08 on the file of the Family Court, Kozhikode. They are struck off from its file. We also find that since the parties have settled the issue, it is in the interests of justice that the criminal proceedings between the parties are terminated. Accordingly, the proceedings in CC 252/06 on the file of the Judicial First Class Magistrate, Kunnamangalam are quashed. I.A.11689/08 and Annexure R1(a) will form part of the judgment. KURIAN JOSEPH, JUDGE. HARUN-UL-RASHID, JUDGE. tgs KURIAN JOSEPH & HARUN-UL-RASHID, JJ ---------------------------------------------- W.P.(C) No.23567 of 2008 ---------------------------------------------- J U D G M E N T Dated 4th September, 2008.