IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 16TH JUNE 2008 / 26TH JYAISHTA 1930 WP(C).No. 9175 of 2008(S) ------------------------------------- AGAINST THE ORDER IN OP 383/07, OP 529/07 & O.P.377/2007 OF FAMILY COURT,TRIVANDRUM .................... PETITIONER: ------------------- SUNITHA, AGED 22 YEARS D/O.L.V.NIRMALA DEVI, SUDHANI CHEENIVILLA P.O., TRIVANDRUM. BY ADV. SRI.VAKKOM N.VIJAYAN, ADV. SMT.REEJA HARI, ADV. SRI.P.ANIYAN. RESPONDENTS: ----------------------- 1. KIRAN, AGED 27 YEARS, S/O.BABU VALAPPARA VEEDU (KAYIKKARA), T.C.48/253, PRA 49, NEAR PAZHANCHIRA DEVI TEMPLE, POONTHURA POST, TRIVANDRUM. 2. V. BABU, AGED 58 YEARS, S/O.VISWANATHAN, VALAPPARA VEEDU (KAYIKKARA), T.C.48/253, PRA 49, NEAR PAZHANCHIRA DEVI TEMPLE, POONTHURA POST, TRIVANDRUM. BY ADV. SRI.D.AJITHKUMAR - R2, ADV. SMT. SANTHI. S PREM [CONCILIATOR]. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/06/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.9175/2008-S: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE O.P. NO. 383/2007 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, THIRUVANANTHAPURAM. EXT.P.2: COPY OF THE O.P. NO. 529/2007 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, THIRUVANANTHAPURAM. EXT.P.3: COPY OF THE O.P. NO. 377/07 FILED BY THE RESPONDENT BEFORE THE FAMILY COURT, THIRUVANANTHAPURAM. EXT.P.4: COPY OF THE STATEMENT GIVEN BY THE R.1. BEFORE THE KERALA WOMEN'S COMMISSION ON 19/05/2007. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// prv. J.B.KOSHY & P.N.RAVINDRAN, JJ. -------------------------------------- W.P.(C)No.9175 OF 2008 ------------------------------------- Dated 16th June, 2008 JUDGMENT Koshy,J . Marriage of the petitioner with first respondent was solemnised on 3.2.2006. They lived together only for 31 days. Petitioner filed O.P.Nos.383/2007 and 529/2007 before the Family Court, Thiruvananthapuram for getting back the dowry and for dissolution of marriage. First respondent filed O.P.(HMA)No.377/2007 for restitution of conjugal rights. A criminal case C.C.No.421/2007 was also registered under section 498(A) read with Section 34 of the Indian Penal Code against the respondents. When the writ petition came up for hearing, this court directed the parties to try for a settlement. After several postings, on 10.6.2008 it was submitted that the matter is settled between the parties. A compromise petition was filed enclosing the terms of settlement. The terms of settlement are signed by the parties as well as their advocates. 2. Learned counsel for the petitioner submits that gold ornaments as stated in the settlement are received. It is also submitted that documents reconveying the property of the petitioner was also W.P.(C)9175/2008 2 executed and an amount of Rs.1,00,000/= was also paid. In these circumstances, we call O.P.Nos.383/2007 and 529/2007 and O.P. (HMA)No.377/2007 pending between the parties in the Family Court, Thiruvananthapuram to this court and dispose of the same accepting the terms of compromise incorporating the terms of compromise as part of this judgment. We also grant dissolution of marriage under section 13B of the Hindu Marriage Act, in view of the joint petition filed by the parties on mutual consent. We also call C.C.No.421/2007 pending before the Judicial First Class Magistrate Court-II, Thiruvananthapuram and quash the criminal proceedings by virtue of powers under section 482 of the Code of Criminal Procedure and Article 227 of the Constitution of India. The writ petition is disposed of accordingly. J.B.KOSHY JUDGE P.N.RAVINDRAN JUDGE tks