IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 10TH JULY 2008 / 19TH ASHADHA 1930 WP(C).No. 10848 of 2008(S) -------------------------- AGAINST THE ORDER DATED 31/12/2007 IN IA.2133,2135,2136/07 IN OP.167/2006 of FAMILY COURT, MALAPPURAM .................... PETITIONER: ------------ 1. MOHAMMED HANEEFA, S/O.LATE AHAMMEDKUTTY, POOVAKKURISSY HOUSE, KAIPPURAM, PATTAMBI REPRESENTED BY THE POWER OF ATTORNEY HOLDER ABDUL RASAQ, S/O.AVARAN, AGED 47, THIRUVEGAPPURAM, NADUNGOTTUR, PALAKKAD DIST. 2. KADDIYYA, W/O.AHAMMED KUTTY, AGED 58 YEARS, POOVAKKURISSI HOUSE, KAIPPURAM, PATTAMBI. BY ADV. SRI.E.R.VENKATESWARAN SRI.R.SREEHARI RESPONDENTS: ------------- MARIYAKUTTY THORAKKADAN, D/O.ABDU THORAKKADAN, MARAMANGALAM, KOTTUMUNDA, NADUVATH POST, VANDOOR. BY ADV. SRI.JOSEPH SEBASTIAN PURAYIDAM FOR R1 SMT.MABLE.C.KURIAN FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON ON 10/07/2008, ALONG WITH W.P(C)NO.11197/2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C)No. 10848/2008 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. PHOTO COPY OF O.P 167/2006 FILED BEFORE THE FAMILY COURT, MANJERI DT. 15-3-2006 EXT.P2. PHOTO COPY OF THE ORDER PASSED IN O.P.167/2006 DT. 11-7-2006 OF FAMILY COURT, MALAPPURAM. EXT.P3. PHOTO COPY OF I.A.2135/07 IN O.P.167/06 FILED BY THE PETITIONERS IN THE WRIT PETITION. EXT.P4. PHOTO COPY OF COUNTER IN I.A.2135/07 AND 2136/07 IN O.P 167/06 FILED BY THE RESPONDENT. EXT.P5. PHOTO COPY OF I.A.2133/07 IN O.P.167/06 FILED BEFORE THE FAMILY COURT, MALAPPURAM EXT.P6. PHOTO COPY OF COUNTER AFFIDAVIT FILED IN IA 2133/07 IN OP 167/06 BEFORE THE FAMILY COURT, MALAPPURAM EXT.P7. PHOTO COPY OF THE COMMON ORDER PASSED IN IA NOS. 2133, 2135 AND 2136 OF 2007 IN O.P.167/2006 DT. 31-12-2007 OF FAMILY COURT, MALAPPURAM. EXT.P8. PHOTO COPY OF CONCERNED PAGES OF THE PASSPORT OF THE 1ST PETITIONER. / TRUE COPY / P.S.TO JUDGE KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ----------------------------------------- W.P(C)Nos.10848 & 11197 of 2008 ----------------------------------------- Dated this the 10th day of July, 2008 JUDGMENT Kurian Joseph,J. The parties are present before us. We had the assistance of Advocate S.K.Balachandran as Conciliator. Thanks to the strenuous efforts taken by Sri.Balachandran and thanks to the co-operation extended by the parties and their respective counsel, the parties have reached a settlement in the following terms:- (1) Petitioner Sri.Muhammed Haneefa will pay an amount of Rs.1,25,000/- to the respondent Smt.Mariyakutty Thorakkadan. An amount of Rs.25,000/- will be paid in cash within a period of two weeks from today. The balance amount of Rs.1,00,000/- will be paid either in monthly instalments or in lump as early as possible, at any rate within a period of six months from today. There shall be no further claims on the part of the respondent in respect of the marriage with Sri.Muhammed Haneefa. W.P(C)Nos.10848 & 11197 of 2008 -:2:- (2) As soon as the payment as above is made, the parties will take steps for dissolution of their marriage. (3) It is made clear that the payments as above are made in full and final settlement of all the claims arising out of the marriage with Sri.Muhammed Haneefa. Therefore, the impugned orders passed by the Family Court, Malappuram in O.P.No.167/2006 and other interim orders in M.C.No.144/2006 are quashed. Both the writ petitions are disposed of as above. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) ahg. KURIAN JOSEPH & HARUN-UL-RASHID, JJ. --------------------------- W.P(C)Nos.10848 & 11197 of 2008 ---------------------------- JUDGMENT 10th July, 2008