IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 11TH MARCH 2009 / 20TH PHALGUNA 1930 WP(C).No. 3953 of 2009(S) ------------------------- OP.813/2008 of FAMILY COURT,ERNAKULAM .................... PETITIONER(S): --------------- ANNUSREE GLORYSON, AGED 32 YEARS, D/O.V.P.KURIACHAN, VETTIANKAL HOUSE, KALLOOR P.O., KALLOORKAD VIA, PIN 686 668, NOW RESIDING AT C/O.K.M.THOMAS, MIG 160, GANDHI NAGAR, KADAVANTHRA P.O., KOCHI - 20. BY ADV. DR.SEBASTIAN CHAMPAPPILLY SRI.M.P.RAJU SMT.ANNIE GEORGE RESPONDENT(S): --------------- 1. DR.GLORYSON R.B.CHALIL, AGED 34 YEARS, S/O.BABY VARGHESE, CHALIL HOUSE, ARIKKUZHA P.O. THODUPUZHA, PIN - 685 584. NOW WORKING AS PROFESSOR, XLRI (XAVIER'S LABOUR RELATIONS INSTITUTE, CIRCUIT HOUSE AREA (EAST), JAMSHEDPUR, PIN - 831 035, JHARKHAND STATE. 2. BABY VARGHESE, AGED 62 YEARS, S/O.VARGHESE, CHALIL HOUSE, ARIKKUZHA P.O. THODUPUZHA, PIN - 685 584. ADV. SRI.ABRAHAM P.GEORGE FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.3953 of 2009 EXT.P1 TRUE COPY OF THE COMPLAINT PREFERRED BEFORE THE SUB INSPECTOR OF POLICE ERNAKULAM, NORTH POLICE STATION DATED 1.6.2008 EXT.P2 TRUE COPY OF O.P.NO.813 OF 2008 DATED 13.6.2008 FILED BY THE FIRST RESPONDENT BEFORE THE FAMILY COURT AT ERNKULAM. EXT.P3 TRUE COPY OF O.P.NO.1307 OF 2008 CLAIMING CUSTODY OF THE MINOR CHILD DATED 20.9.2008 FILED BY THE FIRST RESPONDENT. EXT.P4 TRUE COPY OF M.C.NO.367 OF 2008 DATED 3.12.2008 FILED BY THE PETITIONER BEFORE THE FAMILY COURT ERNAKULAM. EXT.P5 TRUE COPY OF C.M.P.NO.85 OF 2009 FILED BY THE PETITIONER BEFORE JUDICIAL FIRST CLASS MAGISTRATE COURT-I AT ERNAKULAM DATED 8.1.2009 EXT.P6 TRUE COPY OF F.I.R.NO.70 OF 2009 DATED 13.1.2009 EXT.P7 TRUE COPY OF C.M.P.NO.61 OF 2009 DATED 8.1.2009 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT II AT ERNAKULAM. //TRUE COPY// P.A. TO JUDGE. P.R.RAMAN & P.S.GOPINATHAN, JJ. ------------------------------- W.P.(C) No.3953 of 2009 ------------------------------- Dated this the 11th March, 2009 J U D G M E N T Raman, J. Petitioner is the wife of the first respondent. Their marriage was solemnised on 26.1.2003. She seeks for a direction to the Family Court to seek the services of a welfare expert to settle the matrimonial disputes between the parties, and to grant such other reliefs, as may be prayed for. 2. During the pendency of the above proceedings, the parties have compromised and settled the dispute. Accordingly, I.A.No.3565 of 2009 is filed. We have also interacted with the parties and it is stated before us that they have voluntarily entered into an agreement and prayed that the matter be disposed of recording the compromise and in terms thereof. W.P.(C) No.3953 of 2009 2 3. As a matter of fact, a compromise is reached only because of the efforts made by this Court appointing a mediator and we have already recorded, in our order dated 25.2.2009, that in view of the attempts so made, further proceedings pending before the Family Court and other authorities, what so ever the dispute between the parties, will stand stayed. In the affidavit filed, in support of the compromise petition now filed, it is averred that with the assistance of the Mediator, appointed by this Court, the parties have resolved their matrimonial disputes and have resumed co- habitation. 4. As such, the further proceedings now pending in O.P.Nos. 813/2008, 1307 of 2008, M.C.No.367 of 2008, on the file of the Family Court, Ernakulam are struck off from the files, as it is not necessary to proceed with those cases and has become infructuous. By virtue of the compromise arrived at between the parties, C.M.P.No.61 of 2009, pending on the file of Judicial First Class Magistrate Court-II, Ernakulam is also W.P.(C) No.3953 of 2009 3 struck off from the file. Crime No.70 of 2009 of Ernakulam Town North Police Station, will stand quashed. 5. A copy of this order shall be produced before the Family Court, Judicial First Class Magistrate Court-II, as also before the Station-in-charge of the Ernakulam Town North Police Station, for information and for necessary endorsement to be made in the concerned files pending before the authorities, in terms of the above order. 6. We appreciate on record the services rendered by Smt.Reshmi Damodaran, Mediator, for bringing out an amicable settlement between the parties. The writ petition is disposed of as above. P.R.RAMAN, JUDGE P.S.GOPINATHAN, JUDGE. nj.