IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 19TH MARCH 2008 / 29TH PHALGUNA 1929 Mat.Appeal.No. 437 of 2007() ---------------------------- OP.139/2006 of FAMILY COURT, THIRUVALLA .................... APPELLANT/2ND RESPONDENT ------------------------------------ TITUS MATHEW, S/O.LATE MATHEW, NEDUMPARAYIL HOUSE, KEEZHUKARA P.O., KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.V.PHILIP MATHEW RESPONDENTS: PETITIONER AND 1ST RESPONDENT ------------------------------------------ 1. LINCY EIPE, AGED 26 YEARS, D/O.ITTY EIPE, KUNJANATHU HOUSE, MEPRAL P.O., PERINGARA VILLAGE, THIRUVALLA TALUK, PATHANAMTHITTA DT. 2. MON MATHEW TITUS, S/O.TITUS MATHEW, NEDUMPARAYIL HOUSE, KEEZHUKARA P.O., KOZHENCHERRY TALUK. (PRESENT ADDRESS: ALWA PLASTIC FACTORY, P.O.BOX.NO.3183, AJMAN, U.A.E.). BY ADVS. SRI.BINU PAUL SRI.SATHISH NINAN SRI.SANTHOSH MATHEW THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 19/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER IN I.A.15 OF 2008 IN MAT. APPEAL NO. 437 OF 2007. DISMISSED 19.3.2008 Sd/-(KURIAN JOSEPH, JUDGE) Sd/-(HARUN-UL-RASHID, JUDGE) KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------------------------- MAT. APPEAL NO. 437 OF 2007 ---------------------------------------------------------------- Dated this the 19th day of March, 2008 JUDGMENT Kurian Joseph, J. This is an appeal at the instance of the second respondent in O.P. No.139 of 2006 on the file of the Family Court, Thiruvalla. The second respondent is the father of the first respondent and the first respondent is the husband of the petitioner therein. The petition was one for recovery of patrimony and return of gold ornaments. The suit was decreed and hence, the appeal at the instance of the second respondent/father-in-law. 2. During the pendency of the appeal, it is reported that wisdom has dawned on the parties owing to the intervention of well meaning friends including counsel appearing on both sides, on account of which they have decided to forget the past and forgive each other, to patch up their disputes and to have a happy reunion. It is submitted that the respondents herein have resumed their normal relationship as husband and wife. In the background of such happy reconciliation and reunion, the parties have filed a petition under Order XXIII C.P.C. as I.A. No.756 of 2008 stating Mat.Appeal No.437/2007 2 the terms of compromise. The terms of compromise are recorded. In view of the compromise as above, this appeal is disposed of with the following direction: i) The patrimony and gold ornaments as decreed in O.P.No. No.139 of 2006 on the file of the Family Court, Thiruvalla shall be held in custody of the appellant and second respondent in the appeal as trustees. ii) Since the parties have patched up their disputes, it is not necessary to continue the criminal prosecution launched under Section 498 A I.P.C.. Therefore, the proceedings in Crime No.257 of 2005 of Aranmula Police Station which is pending before the Judicial First Class Magistrate's Court, Pathanamthitta as L.P. No.24 of 2008 are quashed. iii) I.A. No.756 of 2008 will form part of the decree. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) sp/ Mat.Appeal No.437/2007 3 KURAIN JOSEPH & HAURN-UL-RASHID, JJ. L.A.A. NO JUDGMENT 19TH MARCH, 2008 Mat.Appeal No.437/2007 4