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 15TH DECEMBER 2009 / 24TH AGRAHAYANA 1931 Mat.Appeal.No. 736 of 2008() ---------------------------- OPHMA.341 /2007 AND OP.729/2005 of FAMILY COURT, KOTTAYAM AT ETTUMANOOR .................... APPELLANTS/RESPONDENTS: ------------------------------------- 1. AJITHKUMAR, AGED 37 YEARS, S/O.VIKRAMAN UNNITHAN, AMBILY SADANAM HOUSE, MANTHURUTHY P.O., 12 MILE BHAGOM, NEDUMKUNNAM VILLAGE, KOTTAYAM DISTRICT. 2. VIKRAMAN UNNITHAN, AGED 60 YEARS, AMBILY SADHANAM HOUSE, (MADIYAKUNNELAYA PUTHUVAL PURAYIDAM), 12TH MILE BHAGAM, MANTHURUTHY P.O., NEDUMKUNNAM VILLAGE, KOTTAYAM DISTRICT. BY ADV. SRI.BIJU M.JOHN RESPONDENT(S): PETITIONER ------------------------- SALINI.S.NAIR, AGED 25 YEARS, D/O.SASIDHARAN NAIR, KONNIYADU HOUSE, NEAR KOICKAL DEVI TEMPLE, PULINKUNNU VILLAGE, PULINKUNNU KARA, ALAPPUZHA DISTRICT. ADV. SRI.SHAJI THOMAS PORKKATTIL FOR R1 SRI.BINU PAUL FOR R1 THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 15/12/2009, ALONG WITH MA NO. 783 OF 2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Mat.Appeal Nos. 736 and 783 of 2008 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 15th day of December, 2009 JUDGMENT Mat. Appeal No.783 of 2008 is preferred by the appellant-husband, aggrieved by the dismissal of his application for a decree for divorce. Mat. Appeal No.736 of 2008 is preferred by the husband and his father, aggrieved by a decree for payment of money passed against them. 2. It is submitted at the Bar that the parties have settled the disputes and amounts have been paid in complete discharge of the claim in O.P.No.729 of 2005 and hence, the impugned order it is prayed may be set aside. The claim has been settled and the amount agreed upon has already been paid, submit both counsel. Mat. Appeal No.736 of 2008 may be allowed pray both counsel. 3. So far as Mat.No.783 of 2008 is concerned, it is reported that the matter is settled between the parties and the parties have agreed to file a joint application for divorce by mutual consent under section 13B of Hindu Marriage Act before the Family Court. It is in these circumstances prayed that Mat. Appeal No.783 of 2008 may be dismissed. Mat.Appeal No.736/08 & Con. case 2 4. In the result: a) Mat. Appeal No.736 of 2008 is allowed as agreed and the impugned order is set aside. b) Mat.Appeal No.783 of 2008 is dismissed as not pressed. The parties have agreed to file a joint application for divorce by mutual consent under section 13(b) of the Hindu Marriage Act before the Family Court. c) The joint statement showing the terms of settlement arrived at between the parties before the Mediator dated 5-10- 2009, duly signed by the spouses and counter-signed by counsel, shall be appended to this appellate decree. R.BASANT, JUDGE. M.C.HARI RANI, JUDGE. mn.