IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 8TH APRIL 2008 / 19TH CHAITHRA 1930 Mat.Appeal.No. 76 of 2008(A) ---------------------------- OP.134/2006 of FAMILY COURT, THIRUVALLA .................... APPELLANT/PETITIONER -------------------------------- CHRISTINA SUNIL, AGED 31 D/O.K.K.MATHEW, KONANIL HOUSE, KOTTANAD MURI PERUMPETTY VILLAGE, MALLAPPALLY TALUK PATHANAMTHITTA DISTRICT. BY ADV. SRI.JOSEPH GEORGE RESPONDENTS: RESPONDENTS ------------------------ 1. SUNIL J.THOMAS, AGED 35, S/O.C.J.JOHN CHOLAKATH CHIRAMEL, KARUVELIPPADI MATTANCHERRY P.O., MATTANCHERRY VILLAGE ERNAKULAM DISTRICT. 2. C.J. JOHN, AGED 75, CHOLAKATH CHIRAMEL, KARUVELIPPADI MATTANCHERRY P.O., MATTANCHERRY VILLAGE ERNAKULAM DISTRICT. 3. MARIAMMA JOHN, AGED 65, W/O.C.J.JOHN CHOLAKATH CHIRAMEL, KARUVELIPPADI MATTANCHERRY P.O., MATTANCHERRY VILLAGE ERNAKULAM DISTRICT. BY ADVS. SRI.M.C.CHERIAN SRI.M.A.THOMAS KUTTY SMT.SARAMMA CHERIAN SMT.ASHA CHERIAN SRI.P.M.SANEER THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 08/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------------------------- MAT. APPEAL NO.76 OF 2008 ---------------------------------------------------------------- Dated this the 8th day of April, 2008 JUDGMENT Kurian Joseph, J. This is an appeal at the instance of the petitioner in O.P. No.134 of 2006 on the file of the Family Court, Thiruvalla. The Original Petition was filed for return of money and gold ornaments. 2. During the pendency of the appeal, the parties settled the entire disputes between them. It is true they have decided to part, but the consoling factor is that they have decided to part as friends. They have filed I.A. No.964 of 2008 under Section 10 A of the Divorce Act, 1869 praying for a decree of divorce on mutual consent. 3. The parties are present before us. We have talked to them and we are convinced that the decree as prayed for is in the interest of both the parties and that there is no collusion. Accordingly, the marriage between Sunil J. Thomas and Christinal Sunil , the applicants in I.A. No.964 of 2008 is dissolved by a decree of divorce on mutual consent. Mat. Appeal No.76/2008 2 The appeal is accordingly disposed of in terms of the compromise as stated in I.A. No.964 of 2008. The said interlocutory application will form part of the decree. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) sp/ Mat. Appeal No.76/2008 3 KURIAN JOSEPH & HAURN-UL-RASHID, JJ. MAT. APPEAL NO.76/08 JUDGMENT 8TH APRIL, 2008