IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 4TH MARCH 2008 / 14TH PHALGUNA 1929 WP(C).No. 5969 of 2008(S) ------------------------- PETITIONER: ------------ SNOW NARAYANAN, AGED 24 D/O.AARUKETTY NARAYANAN, KUNDALIYOOR DESOM ENGANDIYOOR AMSOM, CHAVAKKAD TALUK. BY ADV. SRI.G.SREEKUMAR (CHELUR) RESPONDENTS: ------------- 1. JIM, AGED 32, S/O.KOPPARA BALAN MANATHALA AMSOM DESOM, CHAVAKKAD TALUK THRISSUR DISTRICT. 2. SOYA, D/O.V.K.PANKAJAKSHAN VYLIPPARAMBIL HOUSE, 26/2440, THEVARA, KOCHI-13. BY ADV. SRI.RAJIT THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C)No.5969/2008 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF O.P.NO.569/2005 DATED 26-5-2005 ON THE FILE OF THE FAMILY COURT, THRISSUR EXT.P2. TRUE COPY OF THE O.P.NO.604/2006 DATED 17-5-2006 EXT.P3. TRUE COPY OF THE OBJECTION FILED BY THE 1ST RESPONDENT IN EXT.P1 DATED NIL. EXT.P4. TRUE COPY OF THE PAPER PUBLICATION IN MATHRUBHOOMI DAILY DATED 25-12-2005 EXT.P5. TRUE COPY OF THE MARRIAGE INVITATION CARD OF THE 1ST RESPONDENT WITH THE 2ND RESPONDENT DATED NIL. EXT.P6. TRUE COPY OF THE OBJECTIONS FILED BY THE 1ST RESPONDENT DATED 23-1-2007 / TRUE COPY / P.S.TO JUDGE KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ----------------------------------------- W.P(C)No.5969 of 2008 ----------------------------------------- Dated this the 4th day of March, 2008 JUDGMENT Kurian Joseph,J. This original petition is filed praying for a direction to dispose of Ext.P1 O.P.No.569/2005 and Ext.P2 O.P.No.604/2006 pending before the Family Court, Thrissur. O.P.No.569/2005 is filed by the petitioner praying for a decree of divorce on the ground of cruelty and adultery. O.P.No.604/2006 is filed by the petitioner herself for return of gold and money. Pursuant to a direction issued by this court the petitioner and the first respondent are present before us today. It is submitted by learned counsel for the parties and also the parties that they have decided to settle the entire disputes out of court. As part of the settlement they have filed an application under Section 13B of the Hindu Marriage Act. 2. The parties were married on 18-4-2004. Thereafter it is seen that they are living separately since 9-8-2004. Having talked to the parties and also after having heard counsel on both W.P(C) NO.5969/2008 -:2:- sides we are convinced that this is a fit case where an application under Section 13B of the Hindu Marriage Act should be allowed waiving the lie over period. Accordingly I.A.No.3266/2008 for waiving the lie over period is allowed. As we are satisfied that the ingredients under Section 13B of the Act are satisfied in this case and that there is no collusion, the marriage between Snow Narayanan and Jim is dissolved by a decree of divorce on mutual consent. I.A.No.3265/2008 is thus allowed . 2. Since the parties have settled the entire disputes, it is submitted that O.P.Nos.569/2005 and 604/2006 can be struck off from the files of the Family Court, Thrissur. Ordered accordingly and the original petitions are struck off from the files of the Family Court, Thrissur. It is seen that as part of the matrimonial dispute between the parties there are two criminal cases pending before the JFCM, Chavakkad as C.C.No.562/2007 and C.C.No.1003/2007. The former is under Sections 494 and 114 read with Section 34 IPC and the latter under Sections 406 and 420 IPC. In view of the fact that the parties have settled the disputes and also taking note of the fact that the cases are W.P(C) NO.5969/2008 -:3:- compoundable it is not necessary to pursue the proceedings before the Magistrate's Court. Accordingly the proceedings in C.C.No.562/2007 and C.C.No.1003/2007 on the file of the JFCM, Chavakkad are quashed. The parties submit that they have no further claims in respect of the marriage between them. That submission is recorded. 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.5969 of 2008 ---------------------------- JUDGMENT 4th March, 2008