IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 12TH AUGUST 2008 / 21ST SRAVANA 1930 WP(C).No. 8082 of 2008(S) ------------------------- MC.107/2006 of FAMILY COURT, MALAPPURAM .................... PETITIONER: ------------ ABDU, S/O ABDURAHMANKUTTY, POURAKATH HOUSE, AVIL BEACH, NEDUVA POST, PARAPPANANGADI, MALAPPURAM DISTRICT. BY ADV. SRI.K.P.SUDHEER RESPONDENTS: ------------- NASEEMA, D/O HAMZAKOYA, KUTTATH, EDAKKADAPPURAM, TANUR POST, MALAPPURAM DISTRICT. BY ADV. SRI.HARISH R. MENON FOR R1 SRI.K.T.SHYAMKUMAR FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.C.NO.8082/2008 A P P E N D I X PETITIONER'S EXHIBITS : EXT.P1 : TRUE COPY OF ORDER DT. 24.11.2006 IN M.C.NO.107/2006 PASSED BY THE FAMILY COURT, MALAPPURAM. EXT.P2 : TRUE COPY OF AWARD DT. 31.1.2007 IN C.C.NO.207/2006 PASSED BY LOK ADALATH. EXT.P3 : TRUE COPY OF LETTER DT. 3.5.2007 SENT BY THE PETITIONER TO THE RESPONDENT. EXT.P3A : TRUE COPY OF DEMAND DRAFT DT. 3.5.2007 IN FAVOUR OF THE RESPONDENT. EXT.P4 : TRUE COPY OF COUNTER STATEMENT DT. 18.8.2007 IN CMP NO.1097/2007 IN MC NO.107/2006 OF FAMILY COURT, MALAPPURAM. EXT.P5 TRUE COPY OF ORDER DT. 14.11.2007 IN CMP NO.1097/2007 IN M.C.NO.107/2006 PASSED BY THE FAMILY COURT, MALAPPURAM. KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ----------------------------------------- W.P(C)No.8082 of 2008 ----------------------------------------- Dated this the 12th day of August, 2008 JUDGMENT Kurian Joseph,J. The petitioner is the respondent in M.C.No.107/2006 on the file of the Family Court, Malappuram. Ext.P1 order was passed by the Family Court, Malappuram based on a joint statement filed by the petitioner and the respondent. It was passed on 24-11-2006 and the matter was settled between the parties. C.C.No.207/2006 was pending before the JFCM, Parappanangadi against the petitioner and his family members. The said case was registered on the basis of a complaint filed by the respondent alleging offences punishable u/s.406 and 498-A r/w. Section 34 of IPC. Since the matter was settled between the parties, the said matter was referred to the Lok Adalath and Ext.P2 award was passed by the Lok Adalath. It has attained finality. As per the terms of settlement the marriage between the petitioner and the respondent was dissolved and the petitioner returned 35.6 sovereigns of gold to the respondent on 14-2-2007. On receiving the gold ornaments, the respondent tried to wriggle out of the settlement by raising unwanted disputes. The amount sent by the petitioner towards the maintenance of child was refused by the W.P(C)No.8082 of 2008 -:2:- respondent and she filed CMP No.1097/2007 to execute the order in M.C. In that proceeding, the petitioner produced Ext.P2 award and pending the same, the petitioner paid the entire amount claimed in CMP No.1097/2007 and it was closed on 4-1-2008. But the Family Court as per Ext.P5 order held that there is no valid talaq, despite the award. Hence the writ petition challenging Ext.P5. 2. When the writ petition came up before us we directed the parties to be present before us. Accordingly they reported before us. We talked to them extensively. We also had the assistance of Advocate Rejith. Thanks to the sincere efforts taken by Advocate Rejith, it is heartening to note that the parties have settled their disputes. They have filed a joint statement signed by them on 12th August, 2008. The writ petition is disposed of in terms of the said joint statement. The said statement will form part of the judgment. 3. In view of the statement as above, it has become unnecessary to continue M.C.No.108/2008 before the Family Court, Malappuram and O.P.No.370/2008 before the said court claiming past maintenance. Therefore, M.C.No.108/2008 and O.P.No.370/2008 are struck off from the file of the Family Court, Malappuram. 4. It is seen that there is a criminal case pending between the parties as C.C.No.207/2006 on the file of the JFCM, Parappanangadi. W.P(C)No.8082 of 2008 -:3:- The case is charge sheeted under Section 498A of the Indian Penal Code. In view of the settlement between the parties it is only in the interests of justice and in the interests of the parties that the criminal proceedings are also terminated. Accordingly we quash C.C.No.207/2006 on the file of the JFCM, Parappanangadi. We record our deep appreciation for the strenuous efforts taken by Advocate Rejith for effecting settlement of a long drawn dispute. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) ahg. KURIAN JOSEPH & HARUN-UL-RASHID, JJ. --------------------------- W.P(C)No.8082 of 2008 ---------------------------- JUDGMENT 12th August, 2008