IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 27TH SEPTEMBER 2010 / 5TH ASWINA 1932 Mat.Appeal.No. 335 of 2010() ---------------------------- AGAINST THE ORDER DATED 05/05/2010 IN IA 134/2010 IN OP.208/2009 of FAMILY COURT,ERNAKULAM .................... APPELLANT/RESPONDENT ------------------------ BINDIYA.S., D/O.VASUDEVAN, "CHAITHANYAM", TOWN LIMIT, ALUVA, PRESENTLY EMPLOYED AT NETWORK APPLIANCE SYSTEMS (INDIA) PVT., IIIRD FLOOR, AIR WINDS BLOCK, E.G.SOFTWARE PARK, OFF INTERMEDIATE RING ROAD, BANGALORE-560 071. BY ADV. SRI.S.RAMESH BABU RESPONDENT/PETITIONER: --------------- C.S.KRISHNA KUMAR, S/O.SUBRAMANIAN, CHIRANGARETH HOUSE, ANNANAD DESOM, ANNANAD P.O. BY ADV. SRI.K.P.ARAVINDAKSHAN SRI.NARAYANAN MORASSERI VEETIL THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 27/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - Mat. A. No. 335 of 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of September, 2010 JUDGMENT Basant, J. This appeal is directed against the order of the Family Court, Ernakulam in I.A.No.134 of 2010 directing the appellant/wife to produce the child before the Family Court on all dates of posting so that the respondent/husband can have access to the child at the Court premises from 10.30 a.m. to 4 p.m. 2. During the pendency of this appeal before this Court attempts were made to settle the disputes between the parties. The parties have come to a harmonious settlement before us. They had agreed to take all necessary steps to bring to termination all proceedings, which are initiated by them against Mat. A. No. 335 of 2010 2 the other. They had agreed to file a joint petition for divorce under Section 13(B) of the Hindu Marriage Act incorporating all the terms of settlement. 3. Today when the matter came up for hearing, it is submitted that O.P. 1706 of 2010 has been filed before the Family Court, Ernakulam under Section 13(B) of the Hindu Marriage Act for dissolution of the marriage by mutual consent on the basis of a joint application. That application is pending before the Family Court, Ernakulam. O.P.No. 208 of 2009 as also the connected matters pending before the Family Court have all been withdrawn/dismissed consequent to the settlement. The learned counsel, in these circumstances, pray that this appeal may also be dismissed recording the fact that the parties have settled all their disputes. O.P. 208 of 2009, from an interim order, in which this appeal has been preferred, has also been dismissed as withdrawn, submits the counsel. In the Mat. A. No. 335 of 2010 3 joint petition for divorce filed under Section 13(B) all the terms of settlement have been incorporated. The parties shall seek appropriate further orders from the Family Court, it is submitted. 4. We take note of all the submissions made. A copy of the joint application for divorce by mutual consent filed by the spouses before the Family Court, Ernakulam and numbered as O.P. 1706 of 2010 has been placed before us. All outstanding disputes between the parties have been settled by the said joint application. We are, in these circumstances, satisfied that the prayer made that this appeal may now be dismissed can be accepted. 5. In the result: a) This appeal is dismissed, as agreed. b) We make record of the submissions of the counsel that the parties have already filed O.P. 1706 of 2010 harmoniously resolving all the disputes between them and that O.P. 208 of 2009 has already Mat. A. No. 335 of 2010 4 been dismissed by the court below. No further directions are necessary in this appeal now, according to the counsel. (R.BASANT) Judge (M.L. JOSEPH FRANCIS) Judge tm