IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 11TH MARCH 2009 / 20TH PHALGUNA 1930 Mat.Appeal.No. 666 of 2007() ----------------------------------------- OP.296/2005 of FAMILY COURT,KOZHIKODE .................... APPELLANT : 1ST RESPONDENT: ------------------------------ VIDYA, AGED 23 YEARS, D/O.SASIDHARAN, THATTANKUNNU PARAMBA HOUSE, P.O.GOVINDAPURAM, CALICUT. BY ADVS. MR.MANJERI SUNDERRAJ SMT.SUSAN JACOB MR.B.PREMNATH (E) RESPONDENT(S): PETITIONER & 2ND RESPONDENT: -------------------------------- 1. GIREESH, AGED 35 YEARS, S/O.GOPALAN, MELEKUNNATHKANDY HOUSE, P.O.NELLIKODE, KOZHIKODE. 2. ANEESH, AGED 34 YEARS, S/O.KARUNAKARAN, THATTANKUNNU PARAMBA HOUSE, P.O.GOVINDAPURAM, CALICUT. BY ADVS. MR.V.V.SURENDRAN FOR R1 MR.P.A.HARISH FOR R1 SMT.S.ASHA[MEDIATOR] THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 11/03/2009, ALONG WITH MA NO. 674 OF 2007 MA NO. 706 OF 2007 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID,JJ. ----------------------------------- MAT APPEAL NOS.666, 674, 706 OF 2007 & I.A.NO.735 OF 2009 ------------------------------------ Dated this the 11th day of March, 2009 JUDGMENT Harun-Ul-Rashid,J. These appeals arise out of the common order passed in O.P.Nos.296/05, 312/05 and 308/05 on the file of the Family Court, Kohzikode. O.P.Nos.296/05 and 308/05 were filed by the lst respondent-husband for divorce and for permanent prohibitory injunction respectively. O.P.No.312/05 was filed by the appellant- wife for custody of the minor child. All the three O.Ps. were tried jointly. The court below by a common order dated 14th August, 2007 allowed O.P.Nos.296/05 and 308/05 granting decree of divorce and decree of permanent prohibitory injunction respectively and dismissed O.P.No.312/05 finding that the petitioner is not entitled for the custody of the child. 2. When these appeals are taken up for final hearing, we -2- MAT.APPEAL NOS.666,674 & 706/07 & I.A.NO.735/09 directed the parties to appear before us in person. Accordingly, the parties appeared before us on several occasions. We have talked to the parties at length on such occasions. We are happy to note that the parties agreed to settle all the disputes. Accordingly, the parties filed a joint petition as I.A.No.735/2009 for divorce by mutual consent under Section 13B of the Hindu Marriage Act. The terms of agreement entered into between the parties are also stipulated in the joint petition. 3. After interacting with the parties, we find that there is no possibility of the parties living together. Therefore, we are convinced that the marriage between the parties is irretrievably broken down. In the facts and circumstances of the case, we are of the view that there is no necessity for the parties to wait, till the expiry of the lie over period. Hence, the lie over period is waived. We are satisfied that the parties filed the joint petition on their on accord and that there is no collusion between the parties. A decree dissolving the marriage between the parties by mutual -3- MAT.APPEAL NOS.666,674 & 706/07 & I.A.NO.735/09 consent is passed with effect from today. The terms stipulated in the joint petition is hereby recorded and the I.A.No.735/09 shall form part of this judgment. 4. In view of the settlement as stated above, there is no necessity to continue O.P.Nos.598/06, 651/06 and M.C.260/06 pending before the Family Court, Kozhikode. Therefore, the said cases are struck off from the file and C.C.No.112/2007 pending before the Judicial First Class Magistrate's Court, Kunnamangalam is quashed. Appeals are disposed of as above and I.A. is allowed. KURIAN JOSEPH, Judge. HARUN-UL-RASHID, Judge. kcv. -4- MAT.APPEAL NOS.666,674 & 706/07 & I.A.NO.735/09 HARUN-UL-RASHID, JJ. --------------------------- MAT APPEAL NOS.666, 674 & 706 OF 2007 ---------------------------- Dated this the 5th day of January,2009 O R D E R Harun-Ul-Rashid, J. The appellant-wife and respondent-husband are present along with the child. We have passed an interim order dated 28th June, 2008 stipulating the terms of compromise arrived at between the parties. In compliance with the said order, he paid the entire amount for full and final settlement of claims made by the appellant-wife. Regarding the custody of the child, the parties agreed that 15 days each in a month shall be shared between them. Sri Girish also agreed to meet the other expenses of the child. Appellant and her father is at liberty to go to the house of Sri Girish and collect the belongings. The terms of settlement as stated above is recorded. In view of the above settlement, further proceedings in C.C.No.112/07 pending before the Judicial First -5- MAT.APPEAL NOS.666,674 & 706/07 & I.A.NO.735/09 Class Magistrate's Court, Kunnamangalam stand quashed. -6- MAT.APPEAL NOS.666,674 & 706/07 & I.A.NO.735/09 DATED THIS THE 5TH DAY OF JANUARY,2009 O R D E R Harun-Ul-Rashid, J Parties are present. For the purpose of exchange of household articles five days' time is granted. Post on 12/1/2009 in chambers at 1.30 p.m. KURIAN JOSEPH, JUDGE HARUN-UL-RASHID, Judge. kcv.