IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 30TH JULY 2008 / 8TH SRAVANA 1930 Mat.Appeal.No. 567 of 2007() ---------------------------- OP.305/2007 of FAMILY COURT, MALAPPURAM .................... PETITIONER: APPELLANT/PETITIONER -------------------------------- PRAVEEN KONNAKKATTIL, S/O. NARAYANAN, MANGALASSERI AMSOM DESOM, KARUVAMBRAM P.O., MANJERI (VIA), ERANADU TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENTS: RESPONDENTS ------------------------ PRIYA PUNNAKKATT, D/O. RAMAN, VADAKKANGARA P.O., VADAKKANGARA AMSOM DESOM, MANKADU (VIA), PERINTHALMANNA TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.O.V.MANIPRASAD FOR R.1 THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 30/07/2008, ALONG WITH MA NO. 606 OF 2007 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER IN C.M.APPLICATION NO. 1942 OF 2007 IN MAT. APPEAL NO. 567/2007 ALLOWED SD/- KURIAN JOSEPH, JUDGE SD/- HARUN-UL-RASHID, JUDGE 30.07.2008 KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ------------------------------------------ Mat.Appeal Nos. 567 & 606 of 2007 ------------------------------------------- Dated this the 26th day of June 2008 ORDER Kurian Joseph,J A suggestion has been put forward by this Court for settlement, on payment of Rs. 2.5 lakhs and settling 5 Cents of property in favour of the child Rahul born to the petitioner in the respondent, in full and final settlement of the entire claims of the respondent Counsel for the appellants seek a month's time for working out on the settlement. The time for furnishing security before the Family Court, Malappuram is enlarged till 30.07.2008. The execution proceedings are also stayed till such time. However the petitioner shall not alienate or otherwise create any encumbrance on the 5 cents without the permission of this Court, except in the name of their child Rahul or for raising of the funds for the purpose of the settlement as above. Post on 30.7.2008. KURIAN JOSEPH, JUDGE HARUN-UL-RASHID, JUDGE es KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ------------------------------------------ Mat.Appeal Nos. 567 & 606 of 2007 ------------------------------------------- Dated this the30th day of July 2008 Harun-Ul-Rashid.J JUDGMENT The husband is the petitioner in O.P 305/2007 and the 1st respondent in O.P 669/2006 on the file of the Family court Malappuram The Original Petition No. 305/2007 filed by the appellant as petitioner for a decree of divorce on the grounds of desertion and cruelty was dismissed by the Family Court Aggrieved by the order the appellant/husband has come up in appeal. 2. Original petition 669/2007 was filed by the respondent/wife for return of money and value of gold ornaments. The said original petition was allowed by the Family court granting a decree in favour of the wife/respondent. Mat.Appeal No. 606/2007 is directed against the said order, filed by the appellant/husband. 3. When the matter was taken up for hearing, we directed the parties to appear in person. Accordingly the parties have appeared before us. We have talked to the parties at length. We are happy to note that the parties agreed to settle the disputes between them. Going by the terms of settlement, the appellant/husband has paid Rs. 2,10,000/- to the respondent/wife in full and final settlement of all monetary claims as against the appellant/husband including the claim for maintenance of the child. In addition to that the appellant/husband further agreed to convey 5.26 cents of land in the name of their child Rahul within a period of one month from today. Incorporating the said terms the parties have filed I.A. -2- 1991/2008 praying to record the compromise terms and to set aside order passed in O.P 669/2006. The terms of compromise are recorded and the order in O.P 669/2006 is set aside. 4. The husband and wife have also filed a joint application under Section 13-B of the Hindu Marriage Act to dissolve the marriage by mutual consent. We are convinced that the application for divorce is filed on mutual agreement, that there is no collusion between the parties and that they agreed for such a course for their best interest . Accordingly, the joint petition filed as I.A. 1990/2008 was allowed and the marriage between the parties is dissolved by mutual consent with effect from today. The order in O.P No.305 of 2007 is set aside. 5. In I.A. 1991/2008 the parties also agreed that the custody of the minor child Rahul shall be with the respondent/mother and further agreed that the appellant/father is permitted to visit the child on every first Sunday of the English calender month. In the light of the settlement as stated above the Mat.Appeal Nos. 567/2007 and 606/2007 are disposed of in terms of the compromise. The compromise petitions filed as I.A. 1990/2008 and 1991/2008 shall form part of the decree. There will be no order as to costs KURIAN JOSEPH, JUDGE HARUN-UL-RASHID, JUDGE es