IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 3RD MARCH 2009 / 12TH PHALGUNA 1930 WP(C).No. 25234 of 2008(S) -------------------------- OP(HMA).635/2005 of FAMILY COURT,TRIVANDRUM .................... PETITIONER(S): --------------- G.SREEKUMAR, MANAYAMPALLIL HOUSE, SOORANADU NORTH, KOLLAM DISTRICT. BY ADV. SRI.K.SASIKUMAR RESPONDENT(S): --------------- JAYA G.NAIR, ANUGRAHAM, I.R.A. B-14, MANIKANTESWARAM ROAD, NETTAYAM, VATTIYOORKAVU, THIRUVANANTHAPURAM. ADV. SRI.SUMAN CHAKRAVARTHY FOR R1 SMT.K.R.RIJA FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.25234 of 2008 EXT.P1 A TRUE COPY OF THE PETITION IN O.P (HMA) NO.635 OF 2005 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, THIRUVANANTHAPURAM. EXT.P2 A TRUE COPY OF THE PETITIONER IN OP (G & W) NO.693/2005 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, THIRUVANANTHAPURAM. EXT.P3 A TRUE COPY OF THE PETITION IN OP.NO.566/05 FILED BY THE RESPONDENT BEFORE THE FAMILY COURT, THIRUVANANTHAPURAM. EXT.P4 A TRUE COPY OF THE PETITION IN MC.NO.109/05 FILED BY THE RESPONDENT ALONG WITH THE CHILDREN BEFORE THE FAMILY COURT, THIRUVANANTHAPURAM. //TRUE COPY// P.A. TO JUDGE. P.R.RAMAN & P.S.GOPINATHAN, JJ. ------------------------------- W.P.(C) No.25234 of 2008 ------------------------------- Dated this the 3rd March, 2009 J U D G M E N T Raman, J. This writ petition is filed seeking for a direction to the Family Court, Thiruvananthapuram, to dispose of the matrimonial disputes pending between the parties, at the earliest. 2. I.A.Nos. 3159, 3160 and 3161 of 2009, are the joint petitions filed by the parties, stating that all the matrimonial disputes have been settled in terms of a compromise. I.A.No.3159 of 2009 is filed to record the consent of the parties and to grant a decree of divorce under Section 13(B)(2) of the Hindu Marriage Act, after waiving the period of six months stipulated under Section 13(B)(2), for which a separate petition, I.A.No.3160 of 2009 is filed. I.A.No.3161 of 2009 is filed seeking to terminate the proceedings pending between the W.P.(C) No.25234 of 2008 2 parties before the Family Court as O.P (HMA) 635/2005, OP (G& W) 693 of 2005, O.P.566 of 2005 and MC.109 of 2005. 3. O.P.No.566 of 2005, pending before the Family Court, is a petition for divorce and also for other monetary claims filed by the wife-respondent, alleging cruelty against the husband. More than three years have elapsed thereafter. Both sides have not co-habited, after they were separated, prior to the filing of the petition. 4. In such circumstances, I.A.No.3160 of 2009 is allowed waiving the time limit stipulated under Section 13(B)(2) of the Hindu Marriage Act. I.A.No.3159 of 2009 is a joint petition for divorce signed by the parties and their counsel. The same is recorded and the marriage is dissolved by granting a decree for divorce under Section 13(B)(2) of the Hindu Marriage Act. I.A.No.3161 of 2009 is yet another petition agreeing that further proceedings on the file of Family Court, Thiruvananthapuram, be struck off from the file in terms of the compromise. Recording the compromise, we direct that all W.P.(C) No.25234 of 2008 3 pending cases before the Family Court, Thiruvananthapuram, O.P (HMA) 635/2005, OP (G& W) 693 of 2005, O.P.566 of 2005 and MC.109 of 2005, shall stand struck off from the file, as the reliefs claimed in those proceedings have been settled in terms of compromise already filed. 5. A copy of the judgment shall be forwarded to the Family Court, Thiruvananthapuram, for making necessary endorsements in the cases pending there. The writ petition is disposed of as above. P.R.RAMAN, JUDGE P.S.GOPINATHAN, JUDGE. nj.