IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 23RD JULY 2008 / 1ST SRAVANA 1930 Mat.Appeal.No. 593 of 2007() ---------------------------- OP.498/2005 of FAMILY COURT, KOTTAYAM .................... APPELLANT/ PETITIONER: --------------------- SIBI MATHEW, S/O.MATHEW MATHEW, PULARIYIL, KOTHANALLUR VILLAGE, OMALLURKARA, VAIKOM, KOTTAYAM DISTRICT. BY ADV. SRI.C.RAJENDRAN RESPONDENT/RESPONDENT ---------------------- SEBASTEENA, D/O.JOHN THOMAS @ KAKICHAN, CHAKKALAYIL, THALAVADI P.O., EDATHUAKARA, KUTTANAD TALUK, ALAPPUZHA. BY ADV. SRI.K.N.VENUGOPALA PANICKER FOR R1 THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 23/07/2008 ALONG WITH CRMC NO. 3459 OF 2007 & CRMC NO. 164 OF 2008 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------------------------- MAT. APPEAL NO. 593 OF 2007, CRL.M.C. NO.3459 OF 2007 & CRL.M.C. NO. 164 OF 2008 ---------------------------------------------------------------- Dated this the 23rd day of July, 2008 JUDGMENT Harun-Ul-Rashid, J. The appellant in Mat. Appeal No.593 of 2007 is the petitioner in O.P. No. 498 of 2005 on the file of the Family Court, Kottayam at Ettumanoor. The respondent is his wife. The said Original Petition was filed by the husband for restitution of conjugal rights. The Family Court by judgment dated 13.4.2007 dismissed the Original Petition without prejudice to the right of the parties to agitate the question involved in the case before the Family Court, Alappuzha where O.P.(Divorce) No.1232 of 2005 is pending in which the wife is the petitioner. 2. When the Matrimonial Appeal and the connected Criminal Miscellaneous Cases were taken up for hearing, we directed the parties to appear before us. Accordingly, the parties appeared before us on 18.7.2008. We talked to the parties extensively on that day. We also had the assistance of the learned conciliator Adv. Smt. M.A. Zohara. After an elaborate discussion, we are happy to note that the parties have arrived at a Mat.Appeal No.593/07 Crl.M.C.Nos.3459/07 & 164/08 2 settlement. The appellant and respondent have mutually agreed to dissolve their marriage which was solemnized on 15.5.2003. They have also agreed to settle all the cases pending between them. Accordingly, the parties have filed a compromise petition, I.A. No.1870 of 2008. The terms agreed to by the parties are stipulated as Item Nos.1 to 9 in the compromise petition. The terms of the compromise are recorded. The parties have also filed a joint petition, I.A. No..1871 OF 2008 under Section 10 A of the Indian Divorce Act for dissolution of marriage by mutual consent. 3. Considering the fact that the parties have agreed to settle the disputes between them, I.A. No.1871 of 2008, the joint petition filed by them under Section 10 A of the Indian Divorce Act for dissolution of marriage by mutual consent is allowed. The marriage between the appellant and the respondent is dissolved with effect from today. The proceedings in C.C. No.132 of 2006 and C.C. No.578 of 2007 on the file of the Judicial First Class Magistrate's Court, Ambalapuzha shall stand quashed. O.P.(Divorce) No.1232 of 2005 pending before the Family Court, Alappuzha is struck off from the files of that court. Mat. Appeal No.593 of 2007, Crl. M.C. No.3459 of 2007 and Crl. Mat.Appeal No.593/07 Crl.M.C.Nos.3459/07 & 164/08 3 M.C. No.164 of 2008 are disposed of as above. I.A. No.1870 of 2008 shall form part of the judgment. There will be no order as to costs. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) sp/ Mat.Appeal No.593/07 Crl.M.C.Nos.3459/07 & 164/08 4 KURIAN JOSEPH & HAURN-UL-RASHID, JJ. MAT. APPEAL NO.593/07 CRL.M.C.NOS.3459/07 & 164/2008 JUDGMENT 23rd July, 2008 Mat.Appeal No.593/07 Crl.M.C.Nos.3459/07 & 164/08 5