IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 28TH JULY 2008 / 6TH SRAVANA 1930 Mat.Appeal No. 380 of 2008 --------------------------------- OP.571/2006 of FAMILY COURT, THIRUVALLA .................... APPELLANTS/RESPONDENTS IN THE OP: ----------------- 1. ROY FRANKLIN GOMES, AGED 30 YEARS, S/O. FRANKLIN D.GOMES, 'THUSHARA' T.C. NO.44/466,PVNRA - 101, VALLAKKADAVU P.O., VALIYATHURA, THIRUVANANTHAPURAM TALUK, NOW RESIDING AT AIR PORT COORDINATOR, "EGL" EAGLE GLOBAL LOGISTRICS, P.O. BOX 20336, DUBAI - UAE. 2. FRANKLIN D. GOMES, AGED 59, THUSHARA, TC NO. 44/466, PVNRA -101, VALLAKKADAVU P.O., VALIYATHURA. 3. JAIN FRANKLIN GOMES, AGED 50, W/O. FRANKLIN D GOMES. DO.... DO.... BY ADV. SRI.S.MUHAMMED HANEEFF RESPONDENT/PETITIONER IN THE OP: ----------------- GEENA MARY THOMAS, AGED 24 YEARS, D/O. THOMASJOHN, VADAKKETHIL VEEDU, PATHANAMTHITTA P.O., KOZHENCHERRI TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.V.PHILIP MATHEW FOR R1 THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 28/07/2008, ALONG WITH Tr. P(C) No.123 OF 2008 & RP(FC) No.491 OF 2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ----------------------------------------- MAT. APPEAL No. 380 OF 2008 TRP (CIVIL) No. 123 OF 2008 & RP(FC) No. 491 OF 2007 ----------------------------------------- Dated this the 28th day of July, 2008. J U D G M E N T Kurian Joseph, J. Mat.Appeal No.380 of 2008 is filed against the judgment and decree in O.P.No.571/2006 on the file of the Family Court, Thiruvalla. The appellants are the respondents in the original petition. The petition is one for recovery of money and gold ornaments. The suit was decreed and hence the appeal. 2. During the pendency of the proceedings, it is seen that the respondent-husband has filed O.P.(Div)No.41/2008 for a decree of divorce. The same is now pending before the Family Court, Thiruvananthapuram. In TRP(Civil)No.123/2008, the prayer is for transferring the said case to Family Court, Thiruvalla. 3. When the matters came up before us, we directed the parties to be present before this Court. We also had the M. A.No. 380/08& conn. cases 2 assistance of Dr.Sebastian Champappilly as Conciliator. The parties have settled their disputes and they have filed a compromise petition as I.A.No.1903/2008. As per the terms of compromise, it is agreed that the appellants will pay an amount of Rs.5,75,000/-(Rupees Five lakhs seventy five thousand only) to the respondent in full and final settlement of all claims arising out of the marriage, including future maintenance. It is also agreed that the respondent-wife is free to withdraw the amounts already deposited before the Family Court in M.C.No.261/2006. 4. The appellant-husband has filed RP(FC)No.491/2007 against the order in M.C.No.261/2006 on the file of the Family Court, Thiruvalla. The parties have also agreed to file a petition for divorce on mutual consent under Section 10A of the Indian Divorce Act. 5. The parties were married on 28.08.2005. They have no children. In the nature of the litigations between the parties, we are satisfied that it is in their interest that the agony is put an end to. A further lie over period is also not necessary, in the back ground of the litigation between the parties. We are also satisfied that there is no collusion. M. A.No. 380/08& conn. cases 3 6. Accordingly, I.A.No.1671/2008 is allowed and the marriage between Roy Franklin Gomez and Jeena Mary Thomas is dissolved by a decree of divorce on mutual consent. Mat.Appeal No.380/2008 is disposed of in terms of the compromise as stated in I.A.No.1903/2008 and the said I.A. will form part of the decree. 7. Since the parties have thus settled the entire disputes between them, it is not necessary to continue the proceedings before the Family Court. Accordingly, O.P.(Div)No.41/2008 on the file of the Family Court, Thiruvananthapuram is struck off from its file. M.C.No.261/2006 on the file of the Family Court, Thiruvalla is also struck off from the file of the said court. 8. We find that there is also a criminal case pending between the parties before the Chief Judicial Magistrate's court, Pathanamthitta as C.C.No.94/2007. The case was initiated as per the complaint of the respondent-wife in respect of the charges under Section 498A of Indian Penal Code. Now that the parties have settled their entire disputes, we find that it is only in their interest and in the interest of justice that criminal proceedings between them are also terminated. M. A.No. 380/08& conn. cases 4 Accordingly, C.C.No.94/2007 on the file of the Chief Judicial Magistrate's court, Pathanamthitta is quashed. The attachment ordered by the Family Court, Thiruvalla in I.A.No.1974/2006 in O.P.No.571/2006 is accordingly lifted. KURIAN JOSEPH JUDGE HARUN-UL-RASHID JUDGE smp M. A.No. 380/08& conn. cases 5 KURIAN JOSEPH & HARUN-UL-RASHID, JJ. MAT. APPEAL No. 380 OF 2008 TRP (CIVIL) No. 123 OF 2008 & RP(FC) No. 491 OF 2007 J U D G M E N T 28.07.2008