IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 14TH OCTOBER 2008 / 22ND ASWINA 1930 MFA.No. 294 OF 2000(B) (O.P. 124/1999 OF THE FAMILY COURT, KOZHIKODE) APPELLANT/PETITIONER: T. REENA, 33 YEARS, D/O. SUBRAMANIAN, THAIKKOTTATHIL HOUSE, PULLIPARAMBU P.O., CHELEMBRA, MALAPPURAM DISTRICT. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENT/RESPONDENT: V.V. SIVADASAN, 43 YEARS, S/O. CHANDU, VALLAPPALAMVEETTIL HOUSE, NANMANDA P.O., KOZHIKODE. ADV. SRI.SUNNY MATHEW THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 14/10/2008, ALONG WITH M.F.A. NO. 1369/2000, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMAN & T.R. RAMACHANDRAN NAIR, JJ. = = = = = = = = = = = = = = = = = = = = M.F.A. NOS. 294/2000 & 1369/2000 = = = = = = = = = = = = = = = = = = = = = = DATED THIS, THE 14TH DAY OF OCTOBER, 2008. J U D G M E N T Raman, J. M.F.A. 294/2000 is filed by the wife against the order in O.P. No. 124/1999 on the file of the Family Court, Kozhikode. M.F.A. 1369/2000 is filed by the husband against the order in O.P.223/1999 on the file of the same Court. O.P. 124/1999 is a petition filed by the wife for return of the gold ornaments said to have been taken by the husband. The court below, dismissed the said petition against which M.F.A.. 294/2000 is preferred. O.P. 223/1999 is one filed by the husband for divorce. However, the court below refused to grant a decree for divorce; but passed an order for judicial separation. Aggrieved thereby, the husband has come up with M.F.A. 1369/2000. 2. During the pendency of the proceedings, with the able advice of the learned counsel appearing on either side, the parties are able to reach a compromise and has filed a joint application - I.A. 2727/2008. As per the terms of the compromise, it is agreed by the parties that a divorce decree M.F.A. NOS: 294/2000 & 1369/2000 :2: may be granted on the ground that after the passing of the order for judicial separation, the parties have not co-habited till date and thus, the statutory period is over based on which a decree for divorce could be granted under Section 13 (1A)(i) of the Act. Since there is already an order for maintenance passed by the court below in O.P. 97/1999 at the rate of Rs. 400/- per month, they have settled that dispute also and has agreed that an amount of Rs. 1,00,000/- (one lakh) will be paid by the husband to the wife. The parties have agreed to dissolve the marriage by mutual consent under Section 13(1A)(i) and to relinquish all the claims including the claim for maintenance, as ordered in O.P. 97/1999. It is agreed by the wife that the amount of Rs.1,00,000/- (One lakh) has been received. In view of the above compromise arrived at between the parties, we dismiss M.F.A. 294/2000 as withdrawn. M.F.A. 1369/2000 is disposed of granting a decree for divorce under Section 13(1A)(i) of the Hindu Marriages Act. P.R. RAMAN, (JUDGE) T.R. RAMACHANDRAN NAIR, (JUDGE) knc/- M.F.A. NOS: 294/2000 & 1369/2000 :3: P.R. RAMAN & T.R. RAMACHANDRAN NAIR, JJ. ````````````````````````````````````````````` M.F.A. NOS.294/2000 & 1369/2000 ~~~~~~~~~~~~~~~~~~~~~~~~~~~ J U D G M E N T 14TH OCTOBER, 2008.