IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 28TH FEBRUARY 2008 / 9TH PHALGUNA 1929 Mat.Appeal.No. 456 of 2007() ---------------------------- OP.749/2004 of FAMILY COURT,KOZHIKODE .................... APPELLANTS/RESPONDENTS ---------------------------------- 1. DHANYA, AGED 26 YEARS, D/O.T.K.MUKUNDAN, "SOUPARNIKA", VAKAKKEPUTHIYEDATH, PUTHUPANAM P.O., VATAKARA, KOZHIKODE DISTRICT. 2. MUKUNDAN T.K., AGED 61 YEARS, "SOUPARNIKA", VAKAKKEPUTHIYEDATH, PUTHUPANAM P.O., VATAKARA, KOZHIKODE DISTRICT. BY ADVS. SRI.M.P.KRISHNAN NAIR SRI.V.B.NARAYANAN SRI.KRISHNAN NANDAKUMAR RESPONDENT: PETITIONER ----------------------- SUJITH.V., AGED 34 YEARS, S/O.VASU K.P., NO.32/993, "AISWARYA", VATAKARA, PIN - 673 101, KOZHIKODE DISTRICT. BY ADVS. SRI.MANJERI SUNDERRAJ SMT.SUSAN JACOB SRI.MANJERI SUBIN SUNDER RAJ SRI.B.PRAMNATH SRI.KHALID(CONCILIATOR) THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 28/02/2008, ALONG WITH RPFC NO. 357 OF 2007 MAT. APPEAL NO. 457 OF 2007 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------------------------- MAT. APPEAL NOS. 456 & 457 OF 2007 & R.P.(F.C.)NO.357 OF 2007 ---------------------------------------------------------------- Dated this the 28th day of February, 2008 JUDGMENT Kurian Joseph, J. These cases arise out of the matrimonial dispute between Smt. Dhanya/wife and Sri. Sujith/husband who are the appellant/petitioner and respondent in these cases. When the cases came up before us, we appointed Adv. Sri. Sreelal Warrier as mediator. It is heartening to note that through mediation, and thanks to the co-operation extended by counsel on both sides and thanks to the effort taken by this Court, the parties have come to an amicable settlement of their disputes. True, there is no matrimonial reunion. But, they have decided to part as friends and thus peace has been purchased between the families of both sides. Having been convinced that the marriage has been irretrievably broken and that they would not be able to live together, they have filed I.A. No.391of 2008 in Matrimonial Appeal No.456 of 2007 under Section 13B of the Hindu Marriage Act, 1955. In the background of the fact that the marriage took place on 16.3.2003 and that the parties have been living separately for Mat. Appeal No.456/2007 & Connected Cases. 2 over three years, we are of the view that further lie over period is not necessary. Accordingly, we allow I.A. No. 391of 2008. The marriage between Sri. Sujith V. and Dhanya, the parties to these cases is dissolved by a decree of divorce by mutual consent. As part of the settlement of the remaining disputes, learned counsel appearing for Sri. Sujith has handed over a Fixed Deposit Receipt for Rs.2,00,000/- of Bank of India, Calicut Branch in favour of Dhyan Dev Sujith which has been duly acknowledged by the learned counsel appearing for Dhanya. The maturity value of the deposit is Rs.7,60,000/- and the date of maturity is 27.2.2023. It is made clear that in the event of any unforeseen financial difficulties being faced by Smt. Dhanya, it will be open to her to approach this Court for withdrawal of the amount out of the fixed deposit. 2. Sri. Sujith will continue to pay at the rate of Rs.1000/- per month to Smt. Dhanya towards maintenance of their minor son till he attains the age of majority. It is also agreed between the parties that they have no other claim for maintenance, either past or future alimony, other than what is stated and recorded in this judgment. 3. Since the parties have thus settled the disputes amicably between Mat. Appeal No.456/2007 & Connected Cases. 3 them, we do not think it necessary to pursue the criminal case pending before the Judicial First Class Magistrate's Court, Vatakara as C.C. No.350 of 2005. Therefore, we quash the proceedings in the above Calendar Case. 4. We record our appreciation and co-operation extended by the learned counsel appearing for the parties and the effort taken by Adv. Sri. Sreelal Warrier for mediation. Since considerable time and efforts were taken by the mediator, we are of the view that the mediator should be reasonably remunerated. The parties shall pay Rs.5,000/- each to the learned mediator within one month from today. The Matrimonial Appeals and the revision are disposed of as above. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) sp/ Mat. Appeal No.456/2007 & Connected Cases. 4 KURAIN JOSEPH & HAURN-UL-RASHID, JJ MAT. APPEAL NOS.456 & 457/ 2007 & R.P.(F.C.) NO.357/2007 JUDGMENT 28TH FEBRUARY, 2008