IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 4TH SEPTEMBER 2008 / 13TH BHADRA 1930 WP(C).No. 15389 of 2008(S) -------------------------- AGAINST THE ORDER IN OP.62/2007 IN IA.1015/2008 of FAMILY COURT,ERNAKULAM .................... PETITIONER: ------------ GOPALA KRISHNAN, S/O.SANKARAN KUTTY MENON, AGED 46 YEARS, PRESENTLY RESIDING AT "AKSHAYA", KAILAS LANE, DESHABHIMANI ROAD, ELAMAKKARA, COCHIN-682026. BY ADV. SMT.K.V.BHADRA KUMARI RESPONDENTS: ------------- ANITHA.P, D/O.PARAMESWARAN, PAZHANGANATT HOUSE, MANGAT ROAD, MAMANGALAM,PALARIVATTOM P.O, COCHIN-682025. BY ADV. SMT.T.S.MAYA (THIYADIL) FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.C.NO.15389/2008 A P P E N D I X PETITIONER'S EXHIBITS : EXT.P1 : TRUE COPY OF THE PETITION FILED BY THE PETITIONER, I.A.NO.1015/08 IN O.P.NO.62/07. EXT.P2 : TRUE COPY OF THE OBJECTION FILED BY THE RESPONDENT. EXT.P3 : TRUE COPY OF THE ORDER IN I.A.NO.1015/08 IN O.P.NO.62/2007 EXT.P4 : TRUE COPY OF THE CERTIFICATE ISSUED FROM LAKSHMI HOSPITAL. KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------- W.P.(C) No.15389 of 2008 ---------------------------------------------- Dated 4th September, 2008. J U D G M E N T Kurian Joseph, J. Petitioner approached this court challenging the order in I.A.1015/08 in O.P.62/07 on the file of the Family Court, Ernakulam. The original petition is filed by the father for custody of the minor children. When the matter came up for hearing before us, we directed the parties to be present before us. We also had the assistance of Adv.Smt.M.A.Zohara as conciliator. Thanks to the efforts taken by the learned conciliator, thanks to the efforts taken by this court and thanks to the cooperation extended by the counsel and the parties, the parties have decided to settle the disputes. True, they have decided to part. But parting appears to be inevitable. The consoling fact is that they are not parting as enemies, but as friends. 2. We remind the petitioner and respondent that they have two children. Only the legal status of the petitioner and respondent is being changed. For the children, the parties still remain to be the father and mother. The father and mother have an obligation to extend their love, care, share and protection to their children, and the children have a right to receive the same WP(C) NO.15389/08 2 from both of them. The parents should teach the children to acknowledge and respect the status of the parents. As part of the settlement of the disputes, the parties have filed I.A.11556/08 under Section 13B of the Hindu Marriage Act. Learned conciliator has also filed a report of compromise. 3. The parties were married on 28.3.1992. In the background of the various disputes between them, and in the background of the long separation, apparently with an intend to terminate their marital relationship; we do not think that a further lie over period is necessary. We are also convinced that there is no collusion. Accordingly, we allow I.A.11556/08 and dissolve the marriage between the parties by a decree of divorce on mutual consent. The terms of compromise are recorded. The said interlocutory application and the report of compromise submitted by the conciliator will form part of this judgment. KURIAN JOSEPH, JUDGE. HARUN-UL-RASHID, JUDGE. tgs KURIAN JOSEPH & HARUN-UL-RASHID, JJ ---------------------------------------------- W.P.(C) No.15389 of 2008 ---------------------------------------------- J U D G M E N T Dated 4th September, 2008.