IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 7TH JULY 2009 / 16TH ASHADHA 1931 WP(C).No. 29629 of 2008(S) -------------------------- AGAINST THE ORDER DATED 18/09/2008 IN IA.3087/2008 IN OP.1045/2008 of FAMILY COURT,ERNAKULAM .................... PETITIONER(S): --------------- MURALEEDHARAN T.R. S/O, LATE RAMAN NAIR, 5/223, RAMAKRIPA, THURUTHIPARAMBU, PERUMBAVOOR 683 542. BY ADV. SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE RESPONDENT(S): --------------- JAYASREE M.G, D/O GOVINDANKUTTY, MANIYELIL HOUSE, KODUNGALOOR WEST, MUPATHADAM, PARAVUR TLUK 683 100. ADV. SMT.REKHA VASUDEVAN FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARIRANI, JJ. * * * * * * * * * * * * * W.P.(C).No.29629 of 2008 ---------------------------------------- Dated this the 7th day of July 2009 J U D G M E N T BASANT,J Parties to this writ petition are educated spouses and they are locked in matrimony disputes before the court below, that is Family Court, Ernakulam. As many as three O.P.s are pending before the Family Court, it is submitted. This writ petition has been filed challenging an interim order passed in O.P.No.1045/08. 2. We commenced hearing of the writ petition; but in the course of hearing, we were satisfied that the parties must be persuaded to settle their disputes harmoniously. They were referred to the mediator as per order dated 03/07/2009. Adv.Smt.Prabha Menon was appointed as the mediator and we are very happy to note that after two days of hectic parleys in the presence of the mediator, parties have settled all their outstanding disputes. Reports submitted by the mediator along with memorandum of mediated settlement and agreement reveal that the parties have settled all outstanding disputes which are W.P.C No.29629/08 2 pending before the Family Court in the three O.Ps i.e O.P.Nos.643/08, 642/08 and 1045/08. 3. We are now satisfied that this writ petition can now be allowed accepting the mediated settlement and agreement between the parties. Proceedings are pending before the Family Court and as per the agreement between parties, they are to file a joint application for dissolution of marriage under Section 13B of the Hindu Marriage Act. There was a suggestion that the pending O.Ps can be called to this court and the matter can be disposed of here. But we think that the more appropriate course will be to direct the parties to appear before the Family Court on 24/7/2009 (as agreed by them) and to direct the Family Court to dispose of those applications as also the application to be filed under Section 13B of the Hindu Marriage Act expeditiously. 4. This writ petition is accordingly allowed. The mediated settlement and agreement and the report of the mediator are accepted. They shall form part of this judgment. 5. Issue copy of this judgment to both counsel straight away. Parties shall appear before the Family Court on 24/7/2009. The Family Court shall dispose of all the three O.Ps referred above on that day itself. The application to be filed W.P.C No.29629/08 3 under Section 13B of the Hindu Marriage Act shall also be disposed of by the Family Court expeditiously. We say so because both counsel submit that they intend to file an application to dispense with the period of waiting for six months before the Family Court in that application under Section 13B. 6. We record our appreciation on the efforts taken by the mediator. (R.BASANT, JUDGE) (M.C.HARIRANI, JUDGE) jsr // True Copy// PA to Judge W.P.C No.29629/08 4 W.P.C No.29629/08 5 R.BASANT & M.C.HARIRANI, JJ. .No. of 200 ORDER/JUDGMENT 18/06/2009