IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 29TH JULY 2008 / 7TH SRAVANA 1930 Mat.Appeal.No. 721 of 2007() ---------------------------- OP.761/2005 of FAMILY COURT,TRIVANDRUM .................... PETITIONER: APPELLANT IN MAT APPEAL ----------------------------------- P.B.PRAKASH, S/O.BALAKRISHNAN, AGED 42, BANK OFFICER, NO.2C, DEVI PRIYA, PVS APARTMENT, YMCA CROSS ROAD, CALICUT - 1, PRESENTLY RESIDING AT FLAT NO.5F, 'A'WING, HARBOUR HEIGHTS, FIRE BRIGADE ROAD, COLABA, MUMBAI BY ADV. SRI.K.JAYAKUMAR SRI.P.B.KRISHNAN SMT.GEETHA P.MENON SMT.V.DEEPA RESPONDENTS: COUNTER PETITIONER IN OP ------------------------------------- USHA, D/O.KRISHNA MOORTHY, AGED 34, RESIDING AT USHA SANDYA, MALAMEL COMPOUND, OFFICE - 111, PUTHEN STREET, MANACAUD P.O. THIRUVANANTHAPURAM - 695 009. BY ADV. SRI.T.K.ANANDA PADMANABHAN THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 29/07/2008, ALONG WITH MA NO.722 OF 2007 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ----------------------------------------- Mat.Appeal Nos.721 & 722 of 2007 ----------------------------------------- Dated this the 29th day of July, 2008 JUDGMENT Kurian Joseph,J. The former is filed against the judgment and decree in O.P.No.761/2005 on the file of the Family Court, Trivandrum and the latter against the judgment and decree in O.P.No.429/2005 on the file of the said court. O.P.No.761/2005 was filed under Sections 6, 7 and 8 of the Guardian and Wards Act, 1890 read with Section 7 of the Family Courts Act, 1984 for declaring the appellant herein as the guardian of the minor child Kavya. O.P.No.429/2005 was filed under Section 13 of the Hindu Marriage Act, 1955 for a decree of divorce on the ground of cruelty. During the pendency of the appeals the parties have arrived at a settlement, deciding to part as friends. The marriage was on 5-4-1995 and the child Kavya was born on 1-4-1996. The appellant has filed an affidavit dated 24-7-2008 in terms of the understanding between the parties, in addition to the terms of settlement as stated in the petition under Section 13B of the Mat.Appeal Nos.721 & 722 of 2007 -:2:- Hindu Marriage Act, 1955. Paragraph 2 of the affidavit dated 24-7-2008 reads as follows:- 2. A joint petition is being filed in the above matter. I also undertake that I shall transfer my residential flat bearing Flat No.3C, Revathy Court Apartments, Deshabhimani Road, Kaloor, Kochi in favour of my daughter Kavya Prakash at the time of her marriage. I shall also gift her 50 sovereigns of gold at the time of her marriage. I shall make a fixed deposit of Rs.2 lakhs for 6 years in favour of my daughter Kavya Prakash for her higher education purposes on or before 10th August 2008. The said FD receipt shall be handed over to the respondent. I shall also stand as a guarantor for any educational loan that may be availed by Kavya for her higher education. Over and above the terms of the joint petition and the terms of this affidavit, if Kavya seeks the need for any additional financial requirement, I shall consider the same appropriately at that time.” The above undertaking is recorded. 2. I.A.No.1925/2008 is an application filed under Section 13B of the Hindu Marriage Act, 1955. Various terms of compromise regarding custody, visitorial rights, maintenance are also stated in the petition. We are satisfied that there is no collusion between the parties and that in the background of the litigation between the parties a further lie over period is not necessary. Accordingly the marriage between the appellant and respondent is dissolved by a decree of divorce on mutual consent. Mat.Appeal Nos.721 & 722 of 2007 -:3:- 3. Resultantly the judgment and decree in O.P.No.429/2005 on the file of the Family Court, Trivandrum is set aside. The judgment and orders in O.P.No.761/2005 and M.C.No.166/2005 on the file of the Family Court, Trivandrum will stand confirmed subject to the modifications set out in I.A.No.1925/2008. I.A.No.1925/2008 will form part of the decree. The Mat.Appeals are disposed of as above. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) ahg. KURIAN JOSEPH & HARUN-UL-RASHID, JJ. --------------------------- Mat.Appeal Nos.721 & 722 of 2007 ---------------------------- JUDGMENT 29th July, 2008