IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 27TH FEBRUARY 2009 / 8TH PHALGUNA 1930 Mat.Appeal.No. 443 of 2008() ---------------------------------------- O.P. DIV. NO.272/2007 of FAMILY COURT, KOTTAYAM .................... APPELLANT/RESPONDENT: -------------------------------------- ANIL.V.SHAJI MOHAN, SHAJI BHAVAN, KADAPRA BHAGOM, KOYIPPURAM VILLAGE, THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT. BY ADV. MR.SATHISH NINAN MR.SANTHOSH MATHEW MR.TITUS MANI MR.S.SURAJ (PALATHANATHU) RESPONDENT/PETITIONER: ---------------------------------------- LEKHA P.NAIR, ADAMATTATHU HOUSE, KADAYANICKADU KARA, VELLAVOOR VILLAGE, CHANGANACHERRY TALUK, KOTTAYAM DISTRICT. BY ADV. MR.LIJI.J.VADAKEDOM THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 27/02/2009, ALONG WITH MA NO. 441 OF 2008 AND MA NO. 444 OF 2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ KURIAN JOSEPH & HARUN-UL-RASHID,JJ. ------------------------------------ MAT. APPEAL NOS. 441, 443 & 444 OF 2008 & I.A.NO.647 OF 2009 ------------------------------------ Dated this the 27th day of Feruary, 2009 JUDGMENT Harun-Ul-Rashid,J. In all the above cases, husband is the appellant. The petitioner in O.P.Nos.271/2007 and 272/2007 on the file of the Family Court, Kottayam at Ettumanoor is the wife. O.P.No.271/07 and O.P.No.272/07 were filed for return of gold ornaments and for divorce respectively. O.P.No.900/2006 was filed by the husband as petitioner for custody of the child. By a common judgment dated 31/3/2008, the Family Court allowed O.P.Nos.271/07 and 272/07 and dissolved the marriage between the parties solemnised on 7/9/2000. O.P.No.900/06 was disposed of with a direction that the custody of the child with the mother shall continue for the time being and the husband is permitted to have visitorial right as stated in the judgment. The husband filed the above appeals challenging -2- Mat.Appeal No.441,443,444/08 & IA.No.647/09 the respective decree and judgment in the abovesaid O.Ps. 2. When the matter was taken up for final hearing, we directed the parties to appear before us and accordingly, the parties appeared before us on several occasions. We have interacted with the parties on all such occasions. We got the assistance of learned Conciliator Sri Sebstian chembappilly. After series of discussions, we are happy to note that the parties agreed to settle all the disputes between them. On 28/7/2008 this Court passed a detailed order regarding the terms of compromise entered into between the parties. Pursuant to the said order, today the parties filed a joint petition (I.A.No.674/2009) under Section 13B of the Hindu Marriage Act for dissolution of marriage by mutual consent. After having interacted with the parties on number of occasions, we are satisfied that the marriage between the parties is irretrievably broken and that there is no chance for a reunion. We are also satisfied that Section 13 B petition was filed in good faith. 2. In the facts and circumstances of the case, we are of the -3- Mat.Appeal No.441,443,444/08 & IA.No.647/09 view that the lie over period can be waived. We accordingly, waive the lie over period and pass a decree dissolving the marriage by the parties by mutual consent with effect from the date of the decree passed in O.P.No.272/2008. The terms of settlement stated in the order dated 28/7/2008 are hereby recorded and the said order shall form part of the decree. 3. In case any modification is necessary in the matter of custodial rights for cogent reasons, the parties are at liberty to approach this Court. Mat. Appeals are closed and I.A.No.647/2009 is disposed of as above. KURIAN JOSEPH, Judge. HARUN-UL-RASHID, Judge. kcv.