IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 27TH NOVEMBER 2008 / 6TH AGRAHAYANA 1930 Mat.Appeal.No. 101 of 2006() ---------------------------- OP.339/2001 of FAMILY COURT,THRISSUR .................... APPELLANT(S)/RESPONDENT: ----------------------------------- ANANDA MENON, AGED 42 YEARS, S/O.THRIVENIVEETTIL LATE BHASKARA MENON, 3/307, MULAMKUNNATHUKAVU VILLAGE, THRISSUR TALUK, THRISSUR DISTRICT. BY ADVS. SRI.O.V.ABRAHAM SRI.K.V.JAYACHANDRAN SRI.RAJU V.MATHEW RESPONDENT(S): PETITIONER ------------------------- JAYASREE, AGED 35 YEARS, D/O.CHANGARATH NARAYANAN KUTTY, EZHAKKAD DESOM, MUNDUR VILLAGE, PALAKKAD TALUK, PALAKKAD DISTRICT. ADV. SRI.K.P.BALAGOPAL FOR R1 SMT.P.K.RADHIKA[CONCILIATOR] SMT.S.CHITHRA[CONCILIATOR] SMT.M.A.ZOHARA[CONCILIATOR] THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 27/11/2008 ALONG WITH MA NO. 102 OF 2006, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER IN I.A. NO. 801 OF 2006 IN MAT. APPEAL NO. 101 OF 2006. DISMISSED 27.11.2008 Sd/-(KURIAN JOSEPH, JUDGE) Sd/-(HARUN-UL-RASHID, JUDGE) KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------------------------- MAT. APPEAL NOS.101 &102 OF 2006 ---------------------------------------------------------------- Dated this the 27th day of November, 2008 JUDGMENT Harun-Ul-Rahid, J. The respondent herein is the petitioner in O.P. Nos.677 of 2000 and 339 of 2001 on the file of the Family Court, Thrissur. O.P. No.677 of 2000 was filed for custody of the minor child now aged 12 years and O.P. No.339 of 2001 was filed for return of ornaments and for past and future maintenance. Aggrieved by the decrees passed by the Family Court, the appellant/husband has filed these appeals. 2. When the matter was taken up for final hearing, we issued notice to the parties directing them to appear in person along with their only child. The parties appeared on several occasions. We made earnest efforts to settle the disputes between the parties. Finally the parties have agreed to settle all the disputes. Accordingly, they have filed a joint application I.A. No.3257 of 2008 under Section 13 B of the Hindu Marriage Act, 1955 praying for a decree of divorce. They have also filed separate statements in the appeals. Mat. Appeal Nos. 101 & 102/2006 2 3. As per the terms contained in the statements, the parties have agreed that permanent custody of the minor child Ananda Gouri shall be with the appellant/father with visitorial right to the respondent/mother once in a month, preferably on every second Sunday. The appellant/father and the child are permanently settled in Ernakulam whereas the respondent/mother is permanently residing in Palakkad. She submitted that she will not be able to travel to Ernakulam. In the light of the above submission, the parties agreed that the appellant/father will take the child to Thapovarishta Asramam, Vandithavalam, Palakkad on every second Sunday where the respondent/mother can meet and be with the child. If there is any personal inconvenience for the appellant to take the child to Palakkad on a particular second Sunday, he shall inform it to the respondent and the parties can fix another convenient date. The respondent/mother is at liberty to go over to Ernakulam and meet the child in school on any special occasion. In accordance with the terms of settlement, the appellant has paid Rs.2,00,000/- to the respondent in full and final settlement of all monetary claims as against him. In view of the settlement arrived at between the parties, O.P. Nos.677 of 2000 and 339 of 2001stand disposed of in terms of the settlement. Mat. Appeal Nos. 101 & 102/2006 3 4. It is seen that the relationship between the appellant and respondent who are husband and wife is irretrievably broken and there is no possibility for a reunion. They have filed a joint application under Section 13 B of the Hindu Marriage Act praying for a decree of divorce by mutual consent. We are satisfied that the application is filed on their own accord and there is no collusion between the parties in filing the same. In view of the long separation, we feel that there is no necessity to wait for the statutory lie over period and we waive the same. A decree is hence passed dissolving the marriage between the appellant and respondent with effect from today. I.A. No.3257 of 2008 will form part of the decree. The Matrimonial Appeals are disposed of as above. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) sp/ Mat. Appeal Nos. 101 & 102/2006 4 KURIAN JOSEPH & HAURN-UL-RASHID, JJ. MAT.APPEAL NOS. 101 & 102 OF 2006 JUDGMENT 27th November,2008 Mat. Appeal Nos. 101 & 102/2006 5