IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 24TH NOVEMBER 2010 / 3RD AGRAHAYANA 1932 Mat.Appeal.No. 687 of 2009() ----------------------------------- OP.849/2008 of FAMILY COURT,KOZHIKODE .................... APPELLANT/RESPONDENT ------------------------------ P.C.SHEENA, D/O.CHANDRA MOHAN.P, VAISAKHAM, VAIDHYARANGADI P.O., RAMANATTUKARA (VIA), KOZHIKODE. BY ADV. SRI.RAJESH NAMBIAR RESPONDENT(S): PETITIONER ----------------------------------- JAYADEVAN, S/O.LATE SEKHARAN, MALAYAM PARAMBATH, ARIYALLOOR P.O., VIA VALLIKKUNNU, ARIYALLOOR AMSOM DESOM, THIROORANGADI TALUK. R1BY ADVS. SRI.SANTHEEP ANKARATH SMT.C.G.PREETHA SRI.V.C.MADHAVANKUTTY THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 24/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs/ R. BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------- Mat. Appeal No. 687 of 2009 ------------------------------------------------- Dated this the 24th day of November, 2010 JUDGMENT Basant,J. The appellant has come to this court aggrieved by the impugned order passed under Section 13 of the Hindu Marriage Act. She has suffered an order of divorce on the ground of cruelty and desertion. 2. During the pendency of this petition, parties were referred for mediation. Before the mediator, the parties could not arrive at a harmonious settlement. Counsel continued their efforts and we are happy to note that the parties have now settled all their outstanding disputes. The terms of the settlement have been incorporated in the joint statement filed by the parties. They have duly signed in the joint statement. The same has been counter signed by their counsel. 3. It is now admitted that an amount of Rs.5 lakhs has been paid by the respondent to the appellant by Demand Draft. A further amount of Rs.5 lakhs has been deposited in the name of the minor child and that amount shall be payable to the minor along with interest accrued on her attainment of majority. The appellant admits that she had received a total amount of Rs.10 lakhs as indicated above. 4. As per an order passed under Section 125 Cr.P.C., an amount of Rs.2000/- has been ordered to be paid to the child by the Family Court as per order in M.C.No.130/2005. The entire amount due under that order has already been paid, it is submitted. 5. From 1.12.2010, maintenance shall be payable under Section 125 Cr.P.C. at the rate of Rs.3,000/- per mensum to the child. Necessary application for modification shall be made before the Family Court. 6. Spouses have agreed that the child shall continue in the custody of the mother and that the father shall have visitorial rights as stipulated in the joint statement. It is agreed that they will work out the stipulations regarding custody by mutual consent. If there be any defects in working out that arrangement by mutual consent, it shall be open to the parties to approach the Family Court for implementation of the directions regarding custody/visitorial rights as stipulated in the joint statement. 7. We are further informed that C.C.No.304/2005 pending before the JFCM-V Kozhikode has already been quashed. 8. Coming to the order under challenge, the appellant accepts that the decree on the ground of desertion can be upheld. It is mutually agreed that the decree on the ground of cruelty can be set aside. 9. We are satisfied that the joint statement can be accepted and this appeal can be disposed of accordingly. 10. In the result, a) this appeal is allowed in part. b) We accept the joint statement filed by the petitioner and the respondent. The same shall be annexed to the decree in this appeal. c) The impugned decree for divorce insofar as it relates to the grant of divorce under Section 13(1)(ia) on the ground of cruelty is set aside as agreed. The impugned decree for divorce insofar as it grants divorce under Section 13(1)(ib) of the Hindu Marriage Act on the ground of desertion is upheld. d) We make it clear that if there be any necessity for assistance of the court for implementation of the directions regarding custody/visitorial rights of the child, parties shall be at liberty to approach the Family Court. R. BASANT (Judge) K. SURENDRA MOHAN (Judge) css/ R.BASANT & K.SURENDRA MOHAN, JJ. ------------------------------------------- MAT Appeal No.687 of 2009 ------------------------------------------- Dated this the 16th November, 2010 ORDER Basant, J. The parties have settled their disputes. Joint statement has been filed by the parties. That joint statement is duly signed by the spouses and counter signed by their counsel. Some payments have to be made and some steps are to be taken to put into effect the joint compromise statement. Counsel pray for time. Call on 24.11.2010. R.BASANT JUDGE K.SURENDRA MOHAN JUDGE css/