IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 5TH DECEMBER 2008 / 14TH AGRAHAYANA 1930 WP(C).No. 25191 of 2008(S) -------------------------- OPDIV.146/2007 of FAMILY COURT, THODUPUZHA .................... PETITIONER(S): --------------- SUNI JOHN, D/O. JOHN KOSI, AGED 29, PLAMOOTTIL HOUSE, KOTTAVATTAM.P.O. PUNALOOR, KOTTARAKKARA TALUK, KOLLAM DISTRICT. BY ADV. SMT.P.K.RADHIKA RESPONDENT(S): --------------- 1. JOBI M. JOHN, S/O. M.J. JOHN AGED 35, MUNDACKAL HOUSE, EZHUMUTTOM KARA.P.O, KARIMANNOOR VILLAGE, THODUPUZHA TALUK. 2. THE FAMILY COURT, THODUPUZHA. BY // THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)NO.25191/2008 APPENDIX PETITIONER' S EXHIBITS: Ext.P1: True copy of O.P. No.146/2007 filed by the respondent before the Family Court, Thodupuzha dated 13.06.2007. Ext.P2: True copy of objection filed by the petitioner dated 25.3.2008. Ext.P3: True copy of the order in M.C.No.155/2007 dated 25.03.2008 of the Family Court, Thodupuzha. RESPONDENTS' EXHIBITS: NIL KURIAN JOSEPH & HARUN-UL-RASHID, JJ. --------------------------------------------------------- W.P.(C) NO. 25191 OF 2008 --------------------------------------------------------- Dated this the 5th day of December, 2008 JUDGMENT Harun-Ul-Rashid, J. The first respondent herein filed O.P.(Divorce) No.146 of 2007 before the Family Court, Thodupuzha for a decree of divorce. The appellant/wife is the petitioner in C.C. No.967 of 2007 on the file of the Judicial First Cass Magistrate's Court, Thodupuzha and the offence alleged is under Section 498 A I.P.C. The Writ Petition is filed seeking a direction to the Family Court, Thodupuzha to dispose of O.P. (Divorce) No.146 of 2007within a time frame. 2. When the matter was taken up for final hearing, we directed the parties to appear before us. Accordingly, the parties appeared before us on several occasions. We had the opportunity of interacting with them on all such occasions. After prolonged discussions, the parties agreed to settle all the disputes between them. The parties are now residing together. In the circumstances, there is no necessity to continue the cases pending W.P.(C)NO.25191/2008 2 between them before the various courts. Accordingly, O.P.(Divorce) No.146 of 2007 before the Family Court, Thodupuzha is struck off from the file of that court. The proceedings in C.C.No.967 of 2007 on the file of the Judicial First Cass Magistrate's Court, Thodupuzha is quashed, to secure the ends of justice. The parties have also agreed to withdraw the maintenance case pending before the Family Court, Thodupuzha. The Writ Petition is disposed of as above. (KURIAN JOSEPH) JUDGE (HARUN-UL-RASHID) JUDGE sp/ W.P.(C)NO.25191/2008 3 KURIAN JOSEPH & HAURN-UL-RASHID, JJ. W.P.(C) NO. 25191/2008 2nd December, 2008