BEFORE THE LOK ADALATH ORGANIZED BY THE KERALA HIGH COURT LEGAL SERVICES COMMITTEE PRESENT : THE HONOURABLE MR. JUSTICE P.K.SHAMSUDDIN (RETD. JUDGE) AND SHRI K.J.THOMAS STANLEY (RETD.ADDL.DIST.JUDGE) MONDAY, THE 7TH APRIL 2008 / 18TH CHAITHRA 1930 Mat.Appeal.No. 67 of 2004() --------------------------- OP.169/2002 of FAMILY COURT, KOZHIKODE .................... APPELLANT/RESPONDENT IN THE OP: -------------------------------- PRADEEP DHARMAPALAN, S/O.K.G.DHARMAPALAN AGED 41 YEARS, NO.1 ULLAS NAGAR, KOTTOOLY AMSOM, PARAYANCHERI DESOM OF KOZHKODE TALUK AND DISTRICT,CALICUT-673016. BY ADV. SMT.K.MEERA SRI.BOBY MATHEW RESPONDENTS/PETITIONERS ------------------------ 1. THANKAM, D/O.K.G.RADHAKRISHNAN, AGED 38 YEARS, KRISHNA NIVAS, PANNIYANGARA, CALICUT. 2. LAKSHMI, D/O.PRADEEP DHARMAPALAN, AGED 12 YEARS (MINOR) ( REP: BY NEXT FRIEND GUARDIAN & MOTHER THANKAM - THE 1ST PETITIONER). BY ADV. SRI.GEORGE THOMAS (MEVADA) THIS MATRIMONIAL APPEAL HAVING COME UP FOR DETERMINATION AT THE LOK ADALATH ALONG WITH MA NO. 57 OF 2005 AND THE PARTIES HAVING SETTLED THE MATTER, THE FOLLOWING AWARD IS PASSED IN TERMS OF THE SETTLEMENT: JUSTICE P.K.SHAMSUDDIN (RETIRED JUDGE, HIGH COURT OF KERALA) AND SHRI. K.J.THOMAS STANLEY (RETIRED ADDL. DISTRICT JUDGE) ------------------------------------------------------------- Mat Appeal Nos: 67/04 & 57/05 ------------------------------------------------------------- Dated this the 7th April, 2008. A W A R D Parties have settled the matter and filed a joint statement. Both parties have voluntarily agreed to dissolve the marriage through a decree of divorce by mutual consent and the first petitioner in the joint petition agrees that he has no objection in allowing Mat Appeal 57/05 filed by the wife Thankam challenging the common order dated 29.11.2003 in O.P.501/01 so as to set aside the decree of divorce granted by the Family Court, Kozhikode so that this Court will allow the petition for divorce by mutual consent. The second petitioner also agreed that she has no objection in allowing Mat Appeal 67/04 filed by the first petitioner challenging the common order dated 29.11.2003 in O.P.169/02 on payment of maintenance so as to set aside the order of the Family Court, Kozhikode in terms of compromise arrived at in this petition. Both parties also agreed to withdraw MAT APPEALS 67/04 & 57/05 -2- all contentions and allegations and accusations against each other raised in O.P.501/01 and 169/02 before the Family Court, Kozhikode and in Mat Appeal Nos: 67/04 and 57/05 before this Court. The first petitioner has handed over and the second petitioner has received a pay order dated 9.2.2008 bearing No: 120259 issued by the HSBC Dubai branch to the State Bank of India, Cannanore branch for Rs.10 lakhs (Rupees ten lakhs only) drawn in favour of daughter Lakshmi Pradeep towards maintenance. The second petitioner has accepted the said amount in full and final settlement of all the claims that she and her daughter Lakshmi have against the first petitioner. It was also agreed that since pay order was made over towards full and final settlement of all claims, no further claims will be raised by the second petitioner. The second petitioner also waives her right of maintenance absolutely and fully agrees that she shall not raise any claim for maintenance against the first petitioner. It was also agreed by the parties that the second petitioner or her daughter has no objection for withdrawal by the husband of the deposit amount of Rs.1 lakh (Rupees one lakh only) made MAT APPEALS 67/04 & 57/05 -3- before the Family Court, Kozhikode pursuant to the order dated 17.5.2004 in I.A.1371/04. All the parties have settled all matters in terms of the joint petition and the joint petition will form part of this award. It is also made clear that petition under Section 13B of Hindu Marriage Act filed is allowed waiving the period of six months stipulated under Section 13B (2) of the Hindu Marriage Act. Mat appeals are settled as above. JUSTICE P.K.SHAMSUDDIN RETIRED JUDGE, HIGH COURT OF KERALA SHRI. K.J.THOMAS STANLEY RETIRED ADDL. DISTRICT JUDGE jj