BEFORE THE LOK ADALATH ORGANIZED BY THE KERALA HIGH COURT LEGAL SERVICES COMMITTEE PRESENT : THE HONOURABLE MR. JUSTICE V.BHASKARAN NAMBIAR (RETD.JUDGE, HIGH COURT OF KERALA) & THE HONOURABLE MR. JUSTICE R.BHASKARAN (RETD.JUDGE, HIGH COURT OF KERALA) MONDAY, THE 6TH AUGUST 2007 / 15TH SRAVANA 1929 Mat.Appeal.No. 292 of 2006() ---------------------------- OP.15/2001 of FAMILY COURT,THRISSUR .................... APPELLANT/RESPONDENT: ---------------------------- SOBHANA, AGED 44 YEARS, D/O.VENNAKKAL AYYAPPAN, KARAMUCK VILLAGE, KANDASSAMKADAVU DESOM, THRISSUR TALUK. BY ADV. SRI.DINESH MATHEW J.MURICKEN RESPONDENTS/PETITIONER ----------------------- PADMANABHAN, S/O.KRISHNAN, THAYYIL HOUSE, PULLOONY DESOM, MANGALAM AMSOM, THIROOR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.K.A.MANZOOR ALI THIS MATRIMONIAL APPEAL HAVING COME UP FOR DETERMINATION AT THE LOK ADALATH ALONG WITH MAT.APPEAL NO.300 OF 2006 AND ZRP(FC) 13034/2006 AND THE PARTIES HAVING SETTLED THE MATTER, THE FOLLOWING AWARD IS PASSED IN TERMS OF THE SETTLEMENT: MAT.APPEAL NO.292/2006 -2- ORDER ON I.A. NO.1893 OF 2006 OF MAT. APPEAL NO.292 OF 2006 CLOSED. SD/- V.BHASKARAN NAMBIAR (RETD. JUDGE) SD/- R.BHASKARAN 6-8-2007 (RETD. JUDGE) /TRUE COPY/ P.A. TO JUDGE JP JUSTICE V.BHASKARAN NAMBIAR (RETD. JUDGE, HIGH COURT OF KERALA) & JUSTICE R.BHASKARAN (RETD. JUDGE, HIGH COURT OF KERALA) Mat. Appeal Nos.292 of 2006 & 300 of 2006 & ZRPFC 13034 OF 2006 --------------------------- Dated this the 6th day of August, 2007 AWARD Counsel for the appellant, respondent and their counsel in these matters are present. The matter was discussed at length, the parties have settled the matter. 2. Heard the dispute between Sobhana and Padmanabhan. The marriage has been dissolved by Family Court , Thrissur as per the order in OP No.15/2001. Orders regarding maintenance have also been issued by Family Court. These matters have been carried in above appeals before the High Court. Now it is agreed that divorce between Sobhana and Padmanabhan stands dissolved. They have one children Haridas-minor who aged about 13 years. The question of the maintenance for the wife and child are to be considered and settled. It is also agreed that Sobhana would not be paid any maintenance. It is also prayed to our notice that the retirement benefit to Padmanabhan granted by the Superintending Engineer, Harbour Engineer, Department of Municipal Engineer, Chief Engineer Harbour Kamaleswaram. The amounts are due as retirement, these amounts ... the retirement due to Sri.Padmanabhan. Family Court Mat. Appeal Nos.292 of 2006 & 300 of 2006 & ZRPFC No.13034 of 2006 -2- Order dated 21-12-04 ..... and.... payments of the amounts to Sri.Padmanabhan. 3. This direction was sent to Superintending Officer, Tirur as per computer communication. Numbered copy of which has ordered is there. It is now agreed that the intimation more in this account will now be deposited in Sub Treasury of the Thrissur in Mat Appeal No.300 of 2006. Intimation will be given to the Registrar of the High Court regarding the transmission of the amount in High Court. 4. When the Registrar informs about this amount in deposit, it is transferred to Muvattupuzha to deposit 1) it is agreed by both parties that Rs.50,000/- will be in the Post Office in the name of Haridas by guardian as Sobhana-1st respondent and another Rs.50,000/- will be deposited, second account, in the name of Haridas. Out of the Rs.95,000/- will be deposited in the name of the child-Haridas showing with mother, Sobhana as guardian and the interest will be permitted to withdraw by the mother for the maintenance of the child. The entire balance amount can be disbursed to Padmanabhan, the Sub Registrar Thrissur will make the transmission to the .... to High Court in W.A. ...... within one month of the receipt of the order. The Sri.Padmanabhan and Smt.Sobhana will withdraw every case pending in any where in the state and shall not make any other claim in view of this MP discussed Deformation suit in OS Mat. Appeal Nos.292 of 2006 & 300 of 2006 & ZRPFC No.13034 of 2006 -3- No.145/05 Tirur Munsiff Court Thrissur. Sobhana is free to approach the Family Court if any urgency about the withdrawal of the amount for the treatment of the child. The petitioner Sri.Padmanabhan and counsel can visit the child in the school once in a month. Issue copy to the counsel and parties, Registrar (Judicial) Superintending Engineer, Sub Treasury Thrissur and Family Court, Thrissur. Appeals are disposed of as above. V.BHASKARAN NAMBIAR (RETD. JUDGE, HIGH COURT OF KERALA) R.BHASKARAN (RETD. JUDGE, HIGH COURT OF KERALA) jp