IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 10TH MARCH 2011 / 19TH PHALGUNA 1932 Mat.Appeal.No. 578 of 2008() ----------------------------------------- OP.1130/2006 of FAMILY COURT, THIRUVANANTHAPURAM. .................... APPELLANT/PETITIONER: ------------------------------------- G. KUNJUKRISHNAN NAIR, AGED 54, S/O.GOVINDAN PILLAI, KARIKATTIL, MAMPALLIKUNNAM, CHATHANNOOR P.O., KOLLAM. BY ADV. SRI.C.UNNIKRISHNAN (KOLLAM) RESPONDENT/COUNTER PETITIONER -------------------------------------------------------- B. SREELATHA, D/O.RAGHAVAN NAIR, T.C.20/1825, MAMPUZHA, THAMALAM, POOJAPPURA, THIRUVANANTHAPURAM. BY ADV. SRI.K.K.RAMACHANDRAN PILLAI. THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 10/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs Thottathil B.Radhakrishnan & S.S.Satheesachandran, JJ. = = = = = = = = = = = = = = = = = = = = = = = = Mat.Appeal No.578 of 2008-B & I.A.No.660 of 2011 = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 10th day of March, 2011. Judgment Thottathil B.Radhakrishnan, J. This matrimonial appeal arises from an application for divorce under the provisions of the Hindu Marriage Act, 1955. The parties resolved their disputes at mediation and the terms of settlement arrived at, at the mediation, were reduced to writing and brought up to this Court. They have also given effect to the terms of the settlement. Accordingly, I.A.660/2011 is filed by the parties to this appeal under Section 13B of the HM Act. Having perused that petition and on the basis of the materials available in the appeal, we are satisfied that the parties have been living separately for years by now and MA578/08 -: 2 :- they have not been able to live together and that they have mutually agreed that the marriage should be dissolved. We are satisfied after hearing the parties and due enquiry through the materials that the marriage between the parties has been solemnized and that the averments in I.A.660/2011 are true. We are also satisfied that the decision between the parties to seek relief under Section 13B of the HM Act having been arrived at with mediation in terms of law, the petition can be disposed of in terms of settlement following the law laid in Aparna Goyal v Rakesh Goyal, 2009 KHC 4826 = AIR 2009 SC 1836 . In the result, Mat. Appeal No.578/2008 and I.A.No.660/2011 are ordered by passing a decree of divorce declaring that the marriage between the parties to this appeal and I.A. is dissolved with effect from today in terms of settlement and mutual consent under Section 13B of the Hindu Marriage Act, 1955. The mediated settlement agreement dated 7.2.2011 as forwarded by the MA578/08 -: 3 :- Director, Kerala Mediation Centre will stand appended to the decree. Thottathil B.Radhakrishnan, Judge. S.S.Satheesachandran, Judge. Sha/1503