IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 3RD AUGUST 2011 / 12TH SRAVANA 1933 Mat.Appeal.No. 422 of 2009() ----------------------------------------- OP.751/2007 OF FAMILY COURT, KOZHIKODE .................... APPELLANT/RESPONDENT -------------------------------------- DEEPTHI P., W/O.SUJEESH, AGED 22 YEARS, D/O.MOHANDAS, PUTHALATH KUZHIYIL HOUSE, PUNNOOR CHERUPALAM P.O., NARIKKUNI (VIA) PARANNOOR AMSOM, PUNNOOR DESOM, KOZHIKODE TALUK. BY ADV. SRI.C.S.MANU, SRI.S.K.PREMRAJ, SRI.K.N.RAVEENDRAN, SRI.P.CHANDRASEKHARAN PILLAI (VENNELA), SRI.K.THAVAMONY, SRI.T.B.SIVAPRASAD, SRI.ABHILASH AKBAR. RESPONDENT/PETITIONER ---------------------------------------- SUJEESH V., S/O.APPU NAIR, AGED ABOUT 33 YEARS, VADAKKAYIL HOUSE, PUNNOOR CHERUPALAM P.O. NARIKKUNI (VIA) PARANNUR AMSOM DESOM, KOZHIKODE. BY ADV. SRI.A.ANTONY, SMT.LEELAMMA ANTONY. THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 03/08/2011, ALONG WITH MA NO.423 OF 2009, THE COURT ON DELIVERED THE FOLLOWING: rs Thottathil B.Radhakrishnan & K.Surendra Mohan, JJ. = = = = = = = = = = = = = = = = = = = = = = = = Mat.Appeal No.422 of 2009 & I.A.No.2029 of 2011 and Mat.Appeal No.423 of 2009 & I.A.No.2030 of 2011 = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 3rd day of August, 2011. Judgment Thottathil B.Radhakrishnan, J. 1.Mat.Appeal No.422 of 2009 and Mat.Appeal No.423 of 2009 arise from two original petitions disposed of jointly. The husband's application O.P.No.751 of 2007 was allowed by the Family Court ordering restitution of conjugal rights. The wife's application, O.P.No.75 of 2008 for declaration that the marriage is null and void on account of consent being obtained by practicing fraud, was dismissed by the Family Court. Hence, these appeals by the wife. 2.Pending consideration of these appeals, the MA422 & 423/09 -: 2 :- parties have settled their disputes. The husband concedes to the wife's pleading that her consent for the marriage was obtained by practicing fraud or force. This is the settlement arrived at by the parties and the compromise is arrived at by which the husband withdraws all contentions and the wife withdraws and asserts that she would not have any claim against him. Taking this into consideration, we are of the view that the compromise has been arrived at bonafide by the parties considering their best interest. The couple is issueless. In the result, we accept I.A.No.2029 of 2011 in Mat.Appeal No.422 of 2009 and I.A.No.2030 of 2011 in Mat.Appeal No.423 of 2009, record them as settlement and compromise and accordingly vacate the impugned orders and allow O.P.No.75 of 2008 thereby declaring that the marriage between the appellant and the respondent is null and void. The parties shall stand bound by the terms of the settlement arrived at in the captioned MA422 & 423/09 -: 3 :- interlocutory applications which shall stand appended to this decree ordered. The Mat.Appeals are ordered accordingly. Thottathil B.Radhakrishnan, Judge. K.Surendra Mohan, Judge. Sha/0808