IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS THURSDAY, THE 28TH OCTOBER 2010 / 6TH KARTHIKA 1932 Mat.Appeal.No. 650 of 2010(B) ---------------------------- OP.1494/2009 of FAMILY COURT,ERNAKULAM .................... APPELLANT/RESPONDENT ----------------------------------- S.S.RAJESH, S/O.SIVANANDAN, RESIDING AT T.C.14/1241, AGED 35 YEARS, VIKAS BHAVAN P.O. PALAYAM WARD, THIRUVANANTHAPURAM. OR S.S.RAJESH C/O.RAVEENDRAN, T.C. 14/1280, SMITHA BHAVAN, VIKAS BHAVAN P.O., PALAYAM WARD. BY ADV. SRI.M.RAMASWAMY PILLAI SRI.P.M.JOSEPH RESPONDENT : PETITIONER ------------------------- NEETA, AGED 29 YEARS, RESIDING AT FLAT NO.2, JAMUNA, SANGAM APARTMENTS, ST.MARTINS CHURCH ROAD, PALARIVATTOM, ERNAKULAM. ADV. SRI.C.P.MOHAMMED NIAS FOR R1 THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 28/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.L.JOSEPH FRANCIS, JJ. *********************** Mat.Appeal No.650 of 2010 ***************************** Dated this the 28th day of October, 2010 JUDGMENT BASANT, J. This appeal is directed against an appeal granting a decree for divorce under Section 27(1)(d) of the Special Marriage Act on the application of the respondent/wife. When the matter came up for hearing, it is submitted that the parties have settled all their outstanding disputes. A joint statement is filed incorporating the terms of the settlement between the parties. 2. We have heard both counsel. Both counsel submit that the appeal may now be dismissed recording the fact that the appeal is not being pressed in view of the settlement as evidenced by the joint statement filed by the parties duly countersigned by their counsel. The learned counsel agree that the parties shall be taking necessary steps to get the stipulations in para.5 of the joint statement enforced. The stipulations in the joint statement are accepted. The appeal, we are satisfied, can be dismissed in terms of the joint statement filed by the parties. Mat.Appeal No.650 of 2010 2 3. In the result: a) The joint statement dated 06.10.2010 filed by the parties duly countersigned by their counsel is hereby accepted; b) We accept the submission of the counsel that the parties shall be taking necessary steps for implementation of the stipulation in para.No.5 of the joint statement. 4. This appeal is, in these circumstances, dismissed upholding the impugned order. The joint statement shall be appended to this appellate judgment. (R.BASANT, JUDGE) (M.L.JOSEPH FRANCIS, JUDGE) rtr/