IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 20TH DECEMBER 2010 / 29TH AGRAHAYANA 1932 OP (FC).No. 1160 of 2010(R) --------------------------- OP.1366/2006 of FAMILY COURT,THRISSUR .................... PETITIONER ------------------- SAJITHA, AGED 30, D/O. APPUKUTTAN, PUNNA HOUSE, P.O. CHAVAKKAD, CHAVAKKAD TALUK THRISSUR DISTRICT BY ADV. SRI.G.SREEKUMAR (CHELUR) SRI.K.RAVI (PARIYARATH) RESPONDENT: --------------- SURESH BABU, S/O.T.K. KUTTAPPU, THVITTY HOUSE, BLANGAD.P.O, BLANGAD, CHAVAKKAD TALUK, THRISSUR - 680 506. THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 20/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & K.SURENDRA MOHAN, JJ. *********************** O.P(F.C) No.1160 of 2010 ***************************** Dated this the 20th day of December, 2010 JUDGMENT BASANT, J. The petitioner/wife is the respondent in O.P.No.1366 of 2006 pending before the Family Court, Trichur. Parties in that case were referred to the Lok Adalat. Before the Lak Adalat, parties appeared to have come to an agreement. Certain terms were agreed upon. The Lok Adalat on 08.07.2010 recorded the terms of settlement and sent the matter back to the court below. The terms are recorded in Ext.P3 proceedings of the Lok Adalat. 2. The grievance of the petitioner is that, the terms of settlement before the Lok Adalat have not been complied with. In these circumstances, the petitioner wants O.P.No.1366 of 2006 to be disposed of on merits. As the terms have not been complied with, the petitioner is not bound by any of the terms recorded in Ext.P3. In these circumstances, the petitioner prays that a direction may be issued to the Family Court to dispose of O.P.No.1366 of 2006 on merits and in accordance with law. 3. We wanted the learned counsel for the petitioner to take specific instructions as to what has happened to O.P.No.1366 of 2006. Today when the matter came up for O.P(F.C) No.1160 of 2010 2 hearing, the learned counsel for the petitioner submits that O.P.No.1366 of 2006 has not been disposed of; is pending before the Family Court, Trichur and has been posted to 18.01.2011. The learned counsel for the petitioner submits that the petitioner cannot emphatically assert about the precise date of posting. 4. We do note that Ext.P3 does not dispose of O.P.No.1366 of 2006. It is for the Family Court now to dispose of O.P.No.1366 of 2006. When that mater comes up for hearing and disposal, the petitioner shall be at liberty to make all her submissions before the Family Court and we need only observe that the Family Court must pass appropriate orders after hearing the submissions of the petitioner/her counsel. No further directions or order appear to be necessary. 5. This Original Petition is, in these circumstances, dismissed, but with the above observations. 6. Hand over a copy of this judgment to the learned counsel for the petitioner for production before the Family Court, Thrissur. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/