IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 1ST JUNE 2011 / 11TH JYAISHTA 1933 Mat. Appeal .No. 235 of 2009 C -------------------------------------------------- OP.291/2007 of FAMILY COURT, PALAKKAD .................... PETITIONER(S): PETITIONER: ------------------------------------------ SIVAPRAKASH.P., AGED 39 YEARS, S/O.GOPALAKRISHNAN NAIR, ARMY EMPLOYEE, RESIDING AT 27/326, L.P.MADAM, CHAKKANTHARA, PALAKKAD TALUK. BY ADV. SRI.SANTHEEP ANKARATH SMT.P.JAYALAKSHMI RESPONDENT(S): RESPONDENT: ---------------------------------------------- DEEPA.K.P., AGED 32 YEARS, D/O.SETHUMADHAVAN, `POURNAMI', PUZHAKKAL, KANNADI (PO), PALAKKAD. BY ADV. SRI.C.RAJENDRAN THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 01/06/2011 ALONG WITH RPFC NO. 83 OF 2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.M. JOSEPH & M. L. JOSEPH FRANCIS, JJ. ----------------------------------------- Mat. Appeal No.235 of 2009 C & R.P.(FC).No.83 of 2010 ------------------------------------------ Dated this the 1st June, 2011 JUDGMENT K.M. Joseph, J. The Appeal arises from the order in O.P.No.291/2007 on the file of the Family Court, Palakkad by which the petition filed by the appellant seeking divorce was rejected. Pending the case, the matter was referred to the Mediation Centre and the Order dated 29.11.2010 would show that the matter was settled, and that the appellant and respondent filed a joint petition under Section 13B of the Hindu Marriage Act on 24.11.2010. Six months have elapsed. 2. Today, though the cases were not listed, it was brought to our notice that the cases have been ordered to be posted and that MA.235/09 & RP(FC).83/2010 2 the parties are present. Accordingly, we called these cases. 3. According to the appellant, the appellant and the respondent have been separated for the past seven years. The wife would submit that they have been separated for four years. Therefore, it appears that they are living separately for a period of one year. It is stated that the marriage took place on 25.10.2001. It is also stated in the joint petition that the parties have agreed for permanent custody of the child being with the second petitioner, namely the wife. Provision is also made for maintenance. It is also brought to our notice that Rs.2 Lakhs was paid and an amount of Rs.25,000/= which was in deposit, was withdrawn. The balance of Rs.3,75,000/= was handed over by the learned counsel for the appellant, to the learned counsel for the respondent who has handed over it to his client. 4. We allow the petition and dissolve the marriage between the appellant and the respondent with effect from today. MA.235/09 & RP(FC).83/2010 3 5. In terms of the settlement arrived at between the parties, R.P.(FC).No.83 of 2010 will stand disposed of on the basis of the settlement arrived as disclosed in the joint petition. Sd/= K.M. JOSEPH, JUDGE Sd/= M.L. JOSEPH FRANCIS, JUDGE kbk. //True Copy// PS to Judge