IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 2ND SEPTEMBER 2008 / 11TH BHADRA 1930 WP(C).No. 7317 of 2008(S) ------------------------- AGAINST THE ORDER IN IA 1228/2006 IN OS.280/2005 of FAMILY COURT,KOLLAM .................... PETITIONER: ------------ PARAMESWARAN PILLAI, AGED 53, S/O.MADHAVAN PILLAI, RESIDING AT SMITHA MANDIRAM, KURUMANDAL CHERI, PARAVUR P.O., KOLLAM. BY ADVS. SRI.R.S.KALKURA SRI.HARISH GOPINATH RESPONDENTS: ------------- 1. LALITHA, AGED 50 YEARS, W/O.PARAMESWARAN PILLAI, RESIDING AT RAMAKRISHNA VILASAM, KADAMPATTUKONAM, PARIPPALLY, KOLLAM. 2. SMITHA, AGED 24 YEARS, D/O. LALITHA, RESIDING AT RAMAKRISHNA VILASAM, KADAMPATTUKONAM, PARIPPALLY, KOLLAM. 3. NITHA, AGED 18 YEARS, D/O.LALITHA, RESIDING AT RAMAKRISHNA VILASAM, KADAMPATTUKONAM, PARIPPALLY, KOLLAM. BY // THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: Ext.P1: True copy of the order in I.A. No.1228 /06 in O.S. No.280 of 2005 of Family Court, Kollam. RESPONDENTS' EXHIBITS: NIL. KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------------------------- W.P.(C)NO. 7317 OF 2008 ---------------------------------------------------------------- Dated this the 2nd day of September, 2008 JUDGMENT Harun-Ul-Rashid, J. The parties are present before us. We had the assistance of the learned conciliator Adv. Smt. K.V. Resmi. We have also talked to the parties at length. We are happy to note that the parties have agreed to settle the disputes between them. The parties have filed I.A. No.11541 of 2008 under Section 13 B of the Hindu Marriage Act, 1955 for a decree of dissolution of marriage by mutual consent. We are satisfied that there is no collusion in filing the application and that the same is filed in their best interest. We also find that the relationship between the petitioner and respondent is irretrievably broken and that they are not able to live any longer as husband and wife. We also feel that there is no necessity to wait for the statutory period and we are inclined to waive the lie over period. In the circumstances, we allow I.A. No. 11541 of 2008 and a decree of divorce is granted dissolving the marriage between the parties with effect from today. W.P.(C)NO. 7317/2008 2 2. The parties have also filed a compromise petition as I.A. No.11542 of 2008 stipulating the terms of compromise. Going by the terms of compromise, we find that the parties have agreed to withdraw all the cases pending between them. Accordingly O.S. No.280 of 2005 pending before the Family Court, Kollam is struck off from the file of that court. The attachment effected in the said case shall stand lifted. The terms of compromise are recorded and they will form part of the decree. It is made clear that though we have passed a decree of divorce, the duties and liabilities of the parties as parents of the children shall be maintained throughout their life. The Writ Petition is disposed of as above. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) sp/ W.P.(C)NO. 7317/2008 3 KURIAN JOSEPH & HAURN-UL-RASHID, JJ. W.P.(C)NO. 7317/2008 JUDGMENT 2nd September, 2008 W.P.(C)NO. 7317/2008 4