IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 29TH OCTOBER 2008 / 7TH KARTHIKA 1930 Mat.Appeal.No. 716 of 2007() ---------------------------- OP.81/2006 of FAMILY COURT, THIRUVALLA .................... PETITIONER(S): APPELLANTS/RESPONDENTS: -------------------------------------- 1. SUNNY CHACKO, AGED 45 YEARS, S/O. MATHEW CHACKO, MUNDANPADAVATH HOUSE, NALUNNAKAL P.O., KANNANCHIRA,VAKATHANAM,KOTTAYAM REPRESENTED BY POWER OF ATTORNEY HOLDER, ABRAHAM THOMAS,AGED 43,S/O.THOMAS THOMAS,VAKACHIRA HOUSE, KKURUMBANADAM P.O., KOTTAYAM. 2. MATHEW CHACKO, AGED 71 YEARS, MUNDANPADAVATH HOUSE, NALUNNAKAL P.O., KANNANCHIRA, VAKATHANAM, KOTTAYAM. BY ADV. SRI.JAMES KURIAN SRI.K.SURESH RESPONDENT(S): PETITIONER: -------------------------- MERCY GEORGE, AGED 41 YEARS, W/O. SUNNY CHACKO, MEMURIYIL, MANGARAM, KONNI, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT. ADV. SRI.P.HARIDAS THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 29/10/2008, ALONG WITH MA NO. 724 OF 2007 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.R.Raman & T.R. Ramachandran Nair, JJ. - - - - - - - - - - - - - - - - - - - - - - - - Mat. A.Nos.716 & 724 of 2007 - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of October, 2008. JUDGMENT Ramachandran Nair, J. The two appeals arise out of the judgments rendered by the Family Court, Thiruvalla in O.P.Nos.81/2006 & 82/2006. Since the parties are the same, they are being disposed of by a common judgment. 2. O.P.No.81/2006 was filed for recovery of patrimony and O.P.No.82/2006 was filed by the respondent/wife seeking for a decree dissolving the marriage with the appellant herein. The Family Court has granted a decree dissolving the marriage and has also allowed the respondent to recover a sum of Rs.2,19,000/- with interest at the rate of 6% per annum from the date of petition till realisation, along with cost of Rs.2,000/- from the appellants. 3. When the matter came up for hearing today, learned counsel for the respondent in Mat. Appeal No.716/2007 submitted that the respondent is prepared to limit her claim to Rs.1,00,000/- instead of Rs.2,19,000/- towards patrimony and that the appeal may be disposed of in terms of the said offer. Learned counsel for the appellants also submitted that his clients are MA Nos. 716 & 724/07 -2- agreeable with the said offer made by the learned counsel for the respondent. 4. The marriage was on 10.1.2000. In April 2000 the husband went to Saudi Arabia where he was employed and the wife joined him in October 2001. Alleging that the husband left her company in May 2005, both the cases have been filed by the respondent. In O.P.No.82/2006 decree for dissolution of marriage has been granted after accepting the case pleaded by the wife. Therein, the appellant/husband did not file objection and he was set ex-parte also. 5. In O.P.No.81/2006 various monetary claims totaling Rs.2,19,000/- was raised by the wife, the respondent herein, which was granted by the court below. We dispose of the appeals in terms of the agreement between the parties, in the following terms: The decree granted in O.P.No.82/2006 dissolving the marriage between the appellant and respondent which is challenged in M.A.No.724/2007, is hereby confirmed and the appeal is dismissed. The judgment passed by the Family Court in O.P.No.81/2006 is modified allowing the respondent to recover a sum of Rs.1,00,000/- with future MA Nos. 716 & 724/07 -3- interest at 6% till realisation, from the appellants and their assets. Both the appeals are disposed of as above. ( P.R.Raman, Judge.) (T.R. Ramachandran Nair, Judge.) kav/