IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 14TH JANUARY 2011 / 24TH POUSHA 1932 Mat.Appeal.No. 511 of 2010 ---------------------------- OP.319/2009 of FAMILY COURT, MALAPPURAM .................... APPELLANT/RESPONDENT ------------------------------------- VADAKKETHODI ABDUL JALEEL, S/O.MOIDEEN,MODAKKAYIL HOUSE,PALLIKKAL AMSOM, DESOM,PARUTHIKKODE, MALAPPURAM DISTRICT. BY ADV. SRI.DINESH MATHEW J.MURICKEN RESPONDENT(S): PETITIONER ------------------------------------------- NALAKATH SAMEERA,D/O.MUHAMMED, CHAMAKANDI VEEDU,ALUNGAL PO,THENJIPALAM, MALAPPURAM DISTRICT-676 505. BY ADV. SRI.R.RAMADAS [CAVEATOR] THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 14/01/2011 ALONG WITH MAT.APPEAL NO.512/2010 & RP(FC).NO.243/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH & M. L. JOSEPH FRANCIS, JJ. ----------------------------------------- MAT. APPEAL NOS.511/2010 C, 512/2010C & RP(FC).NO.243/2010 ------------------------------------------ Dated this the 14th January, 2011 JUDGMENT K.M. Joseph, J. These matters are connected. Learned counsel for the appellant also submits that RP(FC).No.243/2010 is also filed against the order granting maintenance and that it can also be disposed of, in view of the subsequent development in the form of settlement between the parties. Learned counsel for the respondent also agrees that there is a settlement between the parties and in terms of the same, the matter can be disposed of. Mat Appeal No.512/2010 is filed by the appellant aggrieved by the decision of the Family Court granting divorce. Mat Appeal No.511/2010 is filed against the order in OP. No.319/2009 which is a decision of MA.511 & 512/10 & RP(FC).243/10 2 the Family Court, directing return of past maintenance, gold ornaments and currency cash also. RP(FC).No.243/2010 is filed against the order granting maintenance. There is no dispute that the parties have arrived at a settlement. In terms of the settlement, learned counsel for the appellant submits that he does not press Mat Appeal No.512/2010. Accordingly, we dismiss Mat Appeal No.512/2010 as not pressed. 2. Learned counsel for the appellant would submit that in terms of the settlement, the order passed in OP.No.319/2009 may be set aside, in view of the settlement. It is not seriously opposed by Shri R. Ramdas, learned counsel for the respondent. In such circumstances and in view of the settlement, we set aside the Judgment in OP.No.319/2009 on the file of the Family Court, Malappuram. Likewise, we allow RP(FC).No.243/2010 and set aside the order passed in MC. No. 340/2009 by the Family Court, MA.511 & 512/10 & RP(FC).243/10 3 Malappuram. We further direct that in terms of the settlement, the respondent shall be at liberty to withdraw the entire amount which has been deposited before the Family Court, Malappuram. Sd/= K.M. JOSEPH, JUDGE Sd/= M.L.JOSEPH FRANCIS, JUDGE kbk. //True Copy// PS to Judge