IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 23RD JANUARY 2008 / 3RD MAGHA 1929 Mat.Appeal.No. 469 of 2007() ---------------------------- OP.437/2004 of FAMILY COURT,KOZHIKODE .................... PETITIONER: APPELLANT --------------------- NEETHA, D/O. KRISHNA KUMAR MALIAR, PUTHIYOTTIL HOUSE,PUSHPALAYAM,. VALLIKKUNNU,P.O.PANTHEERANKAVU, KOZHIKODE, PANTHEEERANKAVU AMSOM, KODEL DESOM,KOZHIKODE TALUK. BY ADV. SRI.P.S.SREEDHARAN PILLAI SMT.C.G.PREETHA RESPONDENTS: ------------- 1. HARIGOPI,S/O. SWAMI,LAKSHMI NIVAS, SHANTHINIKETHAN COLONY, NEAR NEDUNGADI BANK HEAD OFFICE, MINI BYE-PASS, P.O. GOVINDAPURAM, KOZHIKODE-673 016. 2. KAMALAM ALIAS KAMALAKSHMI AMMA, SHANTHINIKETHAN COLONY, NEAR NEDUNGADI BANK HEAD OFFICE, MINI BYE-PASS, P.O. GOVINDAPURAM, KOZHIKODE-673 016. BY ADV. SRI.M.ASOKAN SRI.DEVAPRASANTH.P.J. THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 23/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------- Mat.Appeal No.469 of 2007 ---------------------------------------------- Dated 23rd January, 2008. J U D G M E N T Kurian Joseph, J. This is an appeal filed by the petitioner in O.P.No.437/04 on the file of the Family Court, Kozhikode. The petitioner filed the Original Petition for return of gold ornaments and money. The petition was dismissed. Hence the appeal. 2. During the pendency of the appeal, pursuant to the directions issued by this court, the parties appeared before us. We have extensively discussed the various aspects of their disputes with them. We also had the assistance of Adv.Smt.Radhika as conciliator. The parties in the course have realised that it is in their interests to go for a divorce on mutual consent, since it will not be possible for them to live together. They have accordingly filed I.A.220/08, for a decree of divorce on mutual consent. On going through the affidavits filed by the parties, we are convinced that the marriage between them has irretrievably broken and it will not be possible for them to live together as husband and wife. The parties are present before us. We are convinced that there is no collusion. They have been MA NO.469/07 2 living separately for the last five years. Therefore, we allow I.A.220/08, and the marriage between Smt.Neetha and Mr.Harigopi is dissolved by a decree of divorce on mutual consent. In view of the above, it is agreed that the parties do not want to pursue the various litigations pending between them. We are also convinced that it is in the interests of justice that the litigations are thus given a quietus. Therefore, C.C.939/04 on the file of the Judicial First Class Magistrate Court, Kunnamangalam is quashed. 3. The respondent has handed over a cheque for Rs.1,25,000/- to Smt.Neetha, towards full and final settlement of all her claims. In view of the settlement as above, it will be open to the respondent to move the Family Court for lifting the attachment, if any subsisting in O.P.No.437/04 on the file of the Family Court, Kozhikode. Regarding the custody of the child Arsha, it is agreed by the parties that the following arrangements can be made :- The child will be taken by the father of Smt.Neetha to the residence of Mr.Harigopi on every Saturday at 10 a.m., starting from 2.2.2008. The child will be taken back at 5 p.m. on the same day. Towards expenses for such travel, Mr.Harigopi MA NO.469/07 3 will pay an amount of Rs.100/- to the father of Smt.Neetha for every trip. I.A.1968/07 : Dismissed. KURIAN JOSEPH, JUDGE. HARUN-UL-RASHID, JUDGE. tgs KURIAN JOSEPH & HARUN-UL-RASHID, JJ ---------------------------------------------- Mat.Appeal No.469 of 2007 ---------------------------------------------- J U D G M E N T Dated 23rd January, 2008.