IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 16TH JUNE 2008 / 26TH JYAISHTA 1930 Mat.Appeal.No. 129 of 2008() ---------------------------- OP.1011/2006 of FAMILY COURT, PALAKKAD .................... APPELLANT/PETITIONER: --------------------------------------- V.V. JOSE, S/O. VARKEY, AGED 42 YEARS, VATTAKANNAL HOUSE,IRUMBAKACHOLA P.O KANJIRAPUZHA, MANNARKKAD TALUK. BY ADV. SRI.R.MANIKANTAN SRI.BINOY VASUDEVAN RESPONDENT: RESPONDENT: ----------------------------------------------- LAVILY, D/O. JOSEPH, AGED 40 YEARS, RESIDING AT KAVALATH HOUSE, KONIKUZHI P.O., PULAPPATTA (VIA), OTTAPALAM TALUK. BY ADV. SRI.P.VIJAYA BHANU SRI.M.GEORGE THOMAS THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 16/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B.KOSHY & P.N.RAVINDRAN, JJ. -------------------------------------- M.A.No.129 OF 2008 ------------------------------------- Dated 16th June, 2008 JUDGMENT Koshy,J . Appellant filed a petition before the Family Court seeking dissolution of marriage under section 10(ix) and (x) of the Indian Divorce Act. The Family Court rejected the application as allegations were not proved. Against that order, this appeal is filed. Parties were present and they were advised to settle the matter. An application was filed jointly for dissolution of marriage under section 10-A of the Indian Divorce Act. We have gone through the terms of the settlement mentioned in I.A.No.1359 of 2008. It is noticed that the husband (the appellant) has paid Rs.1,55,000/- to the respondent. It is stated that, that amount was received by her. Parties who were present on 13.6.2008 also submitted that they settled the matter. We find that settlement is just and reasonable. Therefore, we set aside the order of the court below and grant dissolution of marriage under section 10-A of the Indian Divorce Act. Conditions mentioned in I.A.No.1359 of 2008 will be binding on MA.129/2008 2 both parties. On the facts and circumstances of the case, we also waive the lie over period. The appeal is disposed of accordingly. J.B.KOSHY JUDGE P.N.RAVINDRAN JUDGE tks