IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 16TH JUNE 2008 / 26TH JYAISHTA 1930 Mat.Appeal.No. 376 of 2006() ---------------------------- AGAINST THE ORDER DATED 19/08/2006 IN OP.335/2000 of FAMILY COURT,THRISSUR .................... PETITIONER: APPELLANT --------------------- SUDHAKARAN, AGED 38 YEARS, S/O.PELAKKAT VEETTIL GOPALAN NAIR, KARIYANNUR DESOM, KANDANISSERY VILLAGE, THALAPPILLY TALUK. BY ADV. SRI.V.SANTHARAM SMT.SHIJA VARGHESE SRI.ANTO THOMAS RESPONDENTS: ------------- VINODHINI, AGED 41 YEARS, D/O.MULLAKKAL GOPALAN, CHITTANJUR DESOM, ARTHAT VILLAGE, THALAPPILLY TALUK. BY ADV. SRI.P.RAMACHANDRAN FOR RESPONDENT. THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 16/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------- Mat.Appeal No.376 Of 2006 ---------------------------------------------- Dated 16th June, 2008. J U D G M E N T Kurian Joseph, J. This appeal is directed against the judgment and decree in O.P.No.335/2000 on the file of the Family Court, Thrissur. The original petition was filed by the appellant/husband seeking a decree of divorce. The said original petition was dismissed and hence the appeal. 2. During the pendency of the appeal, thanks to the earnest efforts taken by the counsel appearing on both sides, thanks to the cooperation extended by the parties and thanks to the strenuous efforts taken by the court, the parties have decided to settle the disputes between them. The terms of the settlement are stated in I.A.1415/2008. There is also prayer for a decree of divorce on mutual consent under Section 13B of the Hindu Marriage Act. 3. In the background of the prolonged litigation between the parties and their separation for the last around eight years, a further lie over period is not necessary, since we are satisfied that there is no collusion between the parties and that it Mat.Appeal No.376/06 2 is only in their interests, the marriage is being dissolved by a decree of divorce on mutual consent. Accordingly, the appeal is disposed of in terms of the compromise, as stated in I.A.1415/08. The marriage between the appellant and the respondent is dissolved by a decree of divorce on mutual consent. I.A.1415/08 will form part of the decree. KURIAN JOSEPH, JUDGE. HARUN-UL-RASHID, JUDGE. tgs KURIAN JOSEPH & HARUN-UL-RASHID, JJ ---------------------------------------------- Mat.Appeal No.376 Of 2006 ---------------------------------------------- J U D G M E N T Dated 16th June, 2008.