IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 4TH SEPTEMBER 2008 / 13TH BHADRA 1930 WP(C).No. 12087 of 2008(S) -------------------------- OP.1/2007 of FAMILY COURT, MALAPPURAM .................... PETITIONER: ------------ SAJEEV.S.NAIR, AGED 35 YEARS, S/O.SANKARAN NAIR, CAPTAIN, KAILS NAGAR, PUTHUSSERI VILLAGE, PALAKKAD TALUK AND DISTRICT, REPRESENTED BY POWER OF ATTORNEY HOLDER- SATHEESH.S.NAIR. BY ADV. SRI.K.ABDUL JAWAD SRI.U.MUHAMMED MUSTHAFA RESPONDENTS: ------------- REEMA, D/O.RAMAKRISHNAN, SMRITHI, THRIKKANDIYOOR AMSOM DESOM, TIRUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.K.M.FIROZ FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.C.NO.12087/08 A P P E N D I X PETITIONER'S EXHIBITS : EXT.P1 : TRUE COPY OF POWER OF ATTORNEY OF SRI.SAJEEV S.NAIR. EXT.P2 : TRUE COPY OF I.A.239/08 IN O.P.NO.1/07 BEFORE THE FAMILY COURT, MALAPPURAM FILED BY THE PETITIONER. EXT.P3 : TRUE COPY OF THE I.A.238/08 IN O.P.1/07 BEFORE THE FAMILY COURT, MALAPPURAM FILED BY THE PETITIONER. EXT.P4 : TRUE COPY OF THE I.A.240/08 IN O.P.1/07 BEFORE THE FAMILY COURT, MALAPPURAM FILED BY THE PETITIONER. EXT.P5 : TRUE COPY OF THE COMMON ORDER DT. 26.3.2008 IN O.P.1/2007 PASSED BY THE FAMILY COURT, MALAPPURAM. EXT.P6 : TRUE COPY OF THE PETITION ALONG WITH DOCUMENTS IN O.P.277/06 BEFORE THE FAMILY COURT, MALAPPURAM FILED BY THE PETITIONER. KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------- W.P.(C) No.12087 of 2008 ---------------------------------------------- Dated 4th September, 2008. J U D G M E N T Kurian Joseph, J. This is a writ petition at the instance of the husband, who is the petitioner in O.P.1/07 on the file of the Family Court, Malappuram. During the pendency of the writ petition, we have appointed Adv.Smt.M.A.Zohara as conciliator. The parties have decided to settle the disputes in the mediation done by the conciliator. As part of the settlement, they have decided to put an end to their marital relationship and they have filed I.A.11336/08. The parties have been living separately for the last more than three years, with an intend to put an end to their marital relationship. We are satisfied that there is no collusion. We are also satisfied that a further lie over period is not necessary in the matter. Accordingly, we allow I.A.11336/08 and the marriage between the petitioner and respondent is dissolved by a decree of divorce on mutual consent. The said application will form part of this judgment. In view of the settlement of the disputes, it has become unnecessary to continue O.P.277/06 and O.P.1/07 on the file of the Family Court, Malappuram. They are WP(C) NO.12087/08 2 struck off from its file. As agreed to between the parties, they shall not be bound by the order for maintenance after 6.8.2008 , as ordered in M.C.356/06 on the file of the Family Court, Malappuram. KURIAN JOSEPH, JUDGE. HARUN-UL-RASHID, JUDGE. tgs KURIAN JOSEPH & HARUN-UL-RASHID, JJ ---------------------------------------------- W.P.(C) No.12087 of 2008 ---------------------------------------------- J U D G M E N T Dated 4th September, 2008.