IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 28TH NOVEMBER 2008 / 7TH AGRAHAYANA 1930 WP(C).No. 22440 of 2008(S) -------------------------- OP.1450/2005 of FAMILY COURT,ERNAKULAM .................... PETITIONER(S): --------------- P.K.RAMACHANDRAN, S/O.LATE P.K.KRISHNANKUTTY, AGED 54 YEARS, 'HIMNA', KANJIRAMATTOM, ERNAKULAM DISTRICT. BY ADV. DR.SEBASTIAN CHAMPAPPILLY SMT.ANNIE GEORGE SRI.M.P.RAJU SMT.RINTA GEORGE RESPONDENT(S): --------------- OMANA RAMACHANDRAN, AGED 54 YEARS, W/O.RAMACHANDRAN,CLERK, INDIAN OVERSEAS BANK, REGIONAL OFFICE, VETUKKATTIL BUILDINGS,M.G.ROAD, ERNAKULAM, NOW RESIDING AT SOPANAM,H.NO.30/1696, ASAN ROAD, PONNURUNNY, VYTTILA.P.O, KOCHI-19. ADV. SRI.NAGARAJ NARAYANAN SRI.NAIR AJAY KRISHNAN SRI.RAJAN VELLOTH SRI.A.S.SABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.22440/2008 A P P E N D I X PETITIONER'S EXHIBITS : EXT.P1 : TRUE COPY OF O.P.NO.831/2001 FILED BY THE PETITIONER HEREIN BEFORE THE FAMILY COURT AT ERNAKULAM DATED 11.10.2001. EXT.P2 : TRUE COPY OF THE JUDGMENT IN W.P.C.NO.8295/2005 DATED 28.3.2005. EXT.P3 : TRUE COPY OF O.P.NO.595/2005 DATED 26.5.2005 FILED BY THE RESPONDENT. EXT.P4 : TRUE COPY OF WRITTEN OBJECTION IN O.P.NO.595/2005 FILED BY THE PETITIONER HEREIN BEFORE THE FAMILY COURT AT ERNAKULAM ON 3.2.2006. EXT.P5 : TRUE COPY OF O.P.NO.1450/2005 FILED BY THE PETITIONER HEREIN BEFORE THE FAMILY COURT AT ERNAKULAM DATED 19.12.2005. EXT.P6 : TRUE COPY OF O.P.NO.78/2006 FILED BY THE RESPONDENT DATED 20.1.2006. EXT.P7 : TRUE COPY OF OBJECTION FILED BY THE RESPONDENT IN O.P.NO.1450/2005 DATED 28.4.2006. EXT.P8 : TRUE COPY OF OBJECTION FILED BY THE PETITIONER IN O.P.NO.78/2006 DATED 14.6.2006. EXT.P9 : TRUE COPY OF O.P.(HMA) NO. 441/2007 FILED BEFORE THE FAMILY COURT AT ERNAKULAM DATED 27.3.2007. EXT.P10 : TRUE COPY OF CONSOLIDATED PROOF AFFIDAVIT DATED 30.5.2008. EXT.P11 : TRUE COPY OF I.A. DATED 21.7.2008. KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ----------------------------------------- W.P(C)No.22440 of 2008 ----------------------------------------- Dated this the 28th day of November, 2008 JUDGMENT Kurian Joseph,J. Both parties are present. It is submitted that the entire disputes between them have been settled and hence the writ petition itself can be disposed of, terminating also the proceedings pending before the Family Court. 2. O.P.No.595/2005 on the file of the Family Court, Ernakulam, is a petition filed by the respondent for divorce. O.P.No.1450/2005 and O.P.No.78/2006 are petitions filed by the petitioner and the respondent respectively for declaration with regard to their properties. 3. Thanks to the efforts taken by this court, thanks to the co-operation extended by counsel on both sides and thanks to the co-operation extended by the parties themselves, it is heartening to note that they have decided to forget the past, forgive each other and be one for ever. In that view of the matter it is not necessary to continue the proceedings before the W.P(C)No.22440 of 2008 -:2:- Family Court, Ernakulam. Therefore, O.P.Nos.595 and 1450 of 2005 and O.P.No.78/2006 are struck off from the file of the Family Court, Ernakulam. Towards the settlement of the disputes and re-conciliation, the petitioner has agreed to pay an amount of Rs.5 lakhs to the daughter of which Rs.4 lakhs has already been given by bank deposit and gold which has been duly acknowledged also. The remaining Re.1 lakh will be paid at the time of marriage of their daughter. The petitioner will also pay at the rate of Rs.5,000/- or liquidate the loan liability availed for the educational purpose of their son Himesh. 4. We record our appreciation for the co-operation extended by the counsel on both sides. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) ahg. KURIAN JOSEPH & HARUN-UL-RASHID, JJ. --------------------------- W.P(C)No.22440 of 2008 ---------------------------- JUDGMENT 28th November, 2008