IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 22ND JANUARY 2008 / 2ND MAGHA 1929 WP(C).No. 1869 of 2008(S) ------------------------- OP.880/2007 AND OP.881/07 of FAMILY COURT, KOTTAYAM .................... PETITIONER: ------------ 1. SHIJU VARKEY, AGED 34 YEARS, S/O. V.E.VARKEY, VARAMPETHU HOUSE, ANAPRAMPAL NORTH P.O., THALAVADY, ALAPPUZHA DISTRICT. 2. VARKEY V.E., AGED 73 YEARS, VARAMPETHU HOUSE, ANAPRAMPAL NORTH P.O., THALAVADY, ALAPPUZHA DISTRICT. BY ADV. SRI.JOBI JOSE KONDODY RESPONDENT: ---------------- ANJANA SARA VARUGHESE, AGED 29 YEARS, D/O. ABRAHAM VARGHESE, OLICKAL HOUSE, PULICKAL KAVALA P.O., VAZHOOR, KOTTAYAM DISTRICT. BY ADV. SRI.MOHAN JACOB GEORGE SMT.P.V.PARVATHI SMT.REENA THOMAS SRI.L.RAM MOHAN SMT.MOLLY JACOB(ADV.COMMISSIONER) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.1869/08 PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE PETITION VIDE NO.O.P.881/07 FILED BY THE RESPONDENT AGAINST THE PETITIONER AND HIS PARENTS. EXT.P2: TRUE COPY OF THE MEDICAL CERTIFICATE DATED 2.1.2008 ISSUED BY DOCTOR S.MADHIVANAN STATING THE ILLNESS OF THE PETITIONER. EXT.P3: TRUE COPY OF THE 'B' DIARY OF O.P.NO.880/07 ON THE FILES OF THE COURT OF THE JUDGE, FAMILY COURT, KOTTAYAM AT ETTUMANOOR. ANNEXURES PRODUCED BY THE ADVOCATE COMMISSIONER: ANNEXURE 1: PHOTOCOPY OF THE POWER OF ATTORNEY OF THE 1ST PETITIONER EXECUTED IN FAVOUR OF THE 2ND PETITIONER. ANNEXURE 2: OBJECTION SIGNED BY THE 2ND PETITIONER AS POWER OF ATTORNEY HOLDER OF THE 1ST PETITIONER TO BE FILED IN DIVORCE O.P.880/07 BEFORE THE FAMILY COURT, KOTTAYAM AT ETTUMANOOR. ANNEXURE 3: OBJECTION SIGNED BY THE COUNSEL FOR THE 1ST PETITIONER AS INSTRUCTED BY HIM FILED IN DIVORCE O.P.880/07 BEFORE THE FAMILY COURT, KOTTAYAM AT ETTUMANOOR. ANNEXURE 4: COMPROMISE PETITION SIGNED BY THE PARTIES TO BE FILED IN DIVORCE O.P.NO.880/07 BEFORE THE FAMILY COURT, KOTTAYAM AT ETTUMANOOR. TRUE COPY KURIAN JOSEPH & HARUN- UL-RASHID,JJ. -------------------------------------------------------- W.P.(C)No.1869 OF 2008 -------------------------------------- DATED THIS THE 22ND DAY OF JANUARY, 2008 J U D G M E N T KURIAN JOSEPH, J. This writ petition is filed by respondents 1 and 2 in O.P.No. 881/07 on the file of the Family Court, Kottayam at Ettumanoor. Petitioners are the husband and his father. O.P.No.880/07 is filed praying for dissolution of marriage on the ground of cruelty. O.P.No.881/07 is filed for repayment of money and gold ornaments. The main ground taken in the writ petition is that even before serving notice in the proceedings, the Family Court posted the case for trial. Respondent submits that she has to go back to her place of work and that is the urgency for the disposal of the cases. Since her husband pleaded physical inability to be present before the Family Court, when the writ petition came up before this court on 18.1.2008, we passed an order appointing Smt.Molly Jacob as the Advocate Commissioner-cum- Conciliator with a direction to the said learned counsel to go over to Trichy, talk to the parties and take steps for reconciliation, if possible, and if not to complete the evidence of the parties in their presence. 2. Learned Advocate Commissioner-cum-Mediator-cum- Conciliator today has filed a report before this court. It is reported that before travelling to Trichy it was informed to her that the first W.P.(C)No.1869/08 2 petitioner-husband is not interested in contesting the divorce petition before the Family Court and that he also wants to put an end to the marital tie between the parties. It is seen from the report that the learned counsel had taken all steps to see whether reconciliation is possible by talking to both parties and the members in their family. In view of the irretrievable break down of the relationship and the apparently incompatible situation, it is reported that reconciliation is not possible. However, at the instance of the parties on both sides, the learned counsel has acted as a mediator to see whether the settlement in the matter is possible. Accordingly, it is reported that the parties have agreed to settle the dispute between them. A duly signed compromise petition has also been submitted to the learned Advocate Commissioner which has been annexed as Annexure 4 to the report. The terms of compromise arrived at by the parties through mediation by the learned counsel read as follows: “1. The respondents are hereby agreed to pay an amount of Rs.3,75,000/= (Rupees Three lakhs, seventy five thousand only) to the petitioner towards the full and final settlement of all her claims in the above original petiton. The payment details:- a. Rs.1,00,000/- (Rupees One lakh only) will be paid by cheque bearing No.002833 dated 21-1-2008 drawn on Federal Bank Ltd., aThalavady branch issued by the second respondent in favour of father of the petitioner, Abraham Varghese. b. Rs.2,75,000/= (Rupees Two lakhs seventy five thousand only) will be paid by W.P.(C)No.1869/08 3 cheque bearing No.002834 dated 25-1-2008 drawn on Federal Bank Ltd., Thalavady Branch issued by the second respondent in faovur of the father of the petitioner, Abraham Varghese. By accepting the above cheques petitioner is agreed to settle all her claims in the above case. 2. The petitioner has no further claim for gold ornaments and maintenance or other articles from the respondents. 3. Both the parties agreed to bear their respective cost. 4. If the respondents fail to return the agreed amount on or before 25-1-2008 the petitioner is entitled for interest for the above amount at the rate of 18% per annum and is entitled to realise the said amount with interest from the respondents and their assets.” In view of the settlement of disputes as above, the writ petition is disposed of with a direction to the Family Court, Kottayam at Ettumanoor to dispose of O.P.No.880/07 without insisting for any further steps for conciliation, within a period of two months from the date of production of a copy of this judgment. Since the parties have settled the dispute as far as O.P.No.881/07, the same shall stand struck off from the file of the Family Court. Needless to say, that the Family Court will not insist for the presence of the parties since in O.P.No.880/01, the respondent/petitioner has already filed proof affidavit. W.P.(C)No.1869/08 4 3. It is submitted that the respondent has already paid the necessary batta as directed by this court in the order dt.18.1.2008. Therefore, the respondent need not pay any further amounts. There will be a direction to the petitioners to pay an amount of Rs.10,000/= towards remuneration to the Advocate-Commissioner-cum-mediator Smt.Molly Jacob. The remuneration is fixed as Rs.25,000/=. The remuneration will be shared equally and hence the excess received from the respondent will be paid back. KURIAN JOSEPH, JUDGE. HARUN- UL-RASHID,JUDGE. dsn