IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 29TH MARCH 2007 / 8TH CHAITHRA 1929 Mat.Appeal.No. 162 of 2005() AGAINST THE ORDER DATED 7.5.2005 IN IA .NOS. 30 OF 2005 AND 98/2005 IN OP(DIV).85/2003 of FAMILY COURT, THODUPUZHA APPELLANT: RESPONDENT: SIBI @ ELDHOSE, AGED 32 YEARS, S/O.GEORGE, MANJUMAKKUDY HOUSE, MANJAKKUZHI KARA, RAJAKUMARI P.O., UDUMPANCHOLA TALUK, IDUKKI DISTRICT. BY ADV. SMT.KOCHUMOL KODUVATH RESPONDENTS: PETITIONER: JIJI @ ALEYAMMA, AGED 31 YEARS, D/O.MARKOSE @ KUNJAPPAN, PAREKKARA, PUTHENPURAYIL HOUSE, BYSONVALLEY KARA, UDUMPANCHOLA TALUK, IDUKKI DISTRICT. BY ADV. SRI.PADAYATTEE YELDO THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 29/03/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: I.A.NO.1703/2005 IN MAT.APPEAL NO.162/2005 DISMISSED SD/- KURIAN JOSEPH, JUDGE 29/3/2007 SD/- K.T.SANKARAN, JUDGE //TRUE COPY// AHZ/ KURIAN JOSEPH & K.T. SANKARAN, JJ. ------------------------------------ MAT.APPEAL NO. 162 OF 2005 ------------------------------------ Dated this the 29th day of March, 2007 JUDGMENT Kurian Joseph, J. This appeal is filed against the common order in I.A.Nos.30 of 2005 and 98 of 2005 in O.P.(Divorce) No.85 of 2003, on the file of the Family Court, Thodupuzha. As per the order under appeal, the Family Court set aside the exparte order of divorce and restored the matter to file after condoning the delay. In the affidavit filed by the respondent it is stated that during the pendency of the appeal, the entire disputes between the parties and all litigations also have been settled out of Court. It is also stated that appellant has married another lady. In the above circumstances, it is stated in the affidavit that the respondent has no objection in allowing the appeal. Accordingly, the appeal is allowed and the order under appeal is set aside. (KURIAN JOSEPH) Judge (K.T.SANKARAN) Judge ahz/