IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 14TH JUNE 2011 / 24TH JYAISHTA 1933 Mat.Appeal.No. 248 of 2009() ---------------------------- OP.1462/2003 of FAMILY COURT,TRIVANDRUM .................... APPELLANT: RESPONDENT: ------------------------------------------- JALAJAMONY, W/O.VISWANATHAN, SUDARSANAN, PARUTHIYARA, VALLIYAM VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT. BY ADVS. SRI.G.P.SHINOD, SRI.RAM MOHAN.G., SRI.MANU V. RESPONDENT(S): PETITIONERS 1,2 AND 1ST RESPONDENT: ------------------------------------------------------------------------------------------ 1. JAYALEKSHMI, D/O.JAGADAMMA, RESIDING AT JAYA BHAVAN, PACHALLOOR, THIRUVANANTHAPURAM. 2. PRAJIN PRASAD, AGED ABOUT 8 YEARS, S/O.JAYALEKSHMI, RESIDING AT JAYA BHAVAN, PACHALLOOR, THIRUVANANTHAPURAM, REPRESENTED BY HIS MOTHER AND GUARDIAN THE 1ST RESPONDENT. 3. PRASAD, S/O.NARAYANAN, THANNIVILA VEEDU, AGUSTHYAKOTTU, ANCHAL VILLAGE, PATHANAPURAM TALUK, KOLLAM DISTRICT. R1 BY ADV. SRI.V.V.NANDAGOPAL NAMBIAR BY ADV. SMT.RAJESWARI KRISHNAN R3 BY ADV. SRI. M.R. RAJESH THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 14/06/2011 ALONG WITH OPFC NO. 360 OF 2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss R. BASANT & K. SURENDRA MOHAN, JJ. ........................................... Mat. Appeal No.248 OF 2009 & O.P.(F.C).No.360 OF 2010 ............................................. Dated this the 14th day of June, 2011. JUDGMENT Basant, J: As the issues raised in both these proceedings are integrally connected, we are proceeding to dispose of these matters by this common judgment/order. 2. Mat.A.No.248 of 2009: This appeal is directed against the order dated 24th January, 2009 passed by the Family Court, Thiruvananthapuram in OP.No.1462 of 2003. This case has had a checkered career. At long last, the parties have now settled their disputes amicably. I.A.No.2611 of 2010 is the joint compromise petition filed by contestants. The terms of their settlement have been enumerated in detail in the joint compromise petition. The matrimonial dispute was also settled and a joint application for divorce by mutual consent under Section 13 B of the Hindu Marriage Act was also filed. 3. Hence after I.A.No.2610 of 2010 was filed, this Mat. Appeal No.248 OF 2009 & O.P.(F.C).No.360 OF 2010 : 2 : appeal was also posted to this date for complying with the conditions and for final disposal. Today when the matter came up for hearing, we are informed that the parties have complied with all the terms of the joint compromise petition. Two documents, i.e., 1596 and 1597 of 2011 of SRO Anchal have been executed in favour of respondents 1 and 2 by the appellant. An amount of Rs.3,80,000/= was agreed to be paid, out of which an amount of Rs.60,000/= was already handed over in cash. Balance amount of Rs.3,20,000/= has been paid to respondents 1 and 2 as part of the comprehensive settlement by demand draft. 4. Though respondents 1 and 2 were not represented by a counsel, at the request of respondent No.1, we had made, the services of a counsel available to her. We record with appreciation the services of Sri. V.V. Nandagopal Nambiar, who rendered assistance to respondents 1 and 2. It is agreed by the parties and their counsel that this appeal can now be disposed of along with I.A.No.2610/2010 i.e, a joint application for divorce by mutual consent under Section 13 B filed by the first respondent herein and the 3rd respondent. Mat. Appeal No.248 OF 2009 & O.P.(F.C).No.360 OF 2010 : 3 : 5. OP(F.C) No.360 of 2010: This petition has come up now for disposal along with Mat. A.No.248 of 2009. This petition was initially filed by the petitioner herein before the Family Court, Kottarakkara as OP(HMA) No.1095/2009 claiming declaration that marriage between him and the 1st respondent wife is null and void. During the pendency of Mat.A.No.248/2009, as requested by all concerned, this OP(FC) was called to this Court. It was initially renumbered as Mat.A.No.680/2010 and was subsequently renumbered as OP(FC)No.360/2010. In this petition the petitioner had claimed divorce against the 1st respondent. The disputes between all the parties to Mat.A.No.248 of 2009 was settled and accordingly I.A.No.2611/2010 has been filed by the parties claiming divorce by mutual consent under Section 13B of the Hindu Marriage Act. The petitioner now accepts the validity of his marriage with the 1st respondent. The terms of the settlement between them have been reported to this Court vide I.A.No.2610/2010 in Mat.A.No.248/2009. Those conditions have been reiterated in I.A.No.2611/2010 filed by the parties under Section 13 B of the Hindu Marriage Act. That petition was filed on 11.10.2010. It was posted Mat. Appeal No.248 OF 2009 & O.P.(F.C).No.360 OF 2010 : 4 : thereafter to a day after re-opening of the courts i.e., after elapse of period of six months. 6. We are now informed that the parties have settled all their outstanding disputes. Affidavits have been filed by both the petitioners in I.A.No.2611/2010 to confirm that all the terms of the settlement have been acted upon. Two documents bearing numbers 1596 and 1597 of 2011 registered at SRO Anchal have been produced before this Court by the petitioner/husband and handed over by court to the 1st respondent-wife and she has received the same in full satisfaction. An amount of Rs.60,000/= was earlier handed over to the petitioner-wife during the pendency of the proceedings. A demand draft of Rs.3,20,000/= produced before this Court by the petitioner/husband has been handed over today to the petitioner-wife by this Court. Those documents and demand draft have been produced by the petitioner-husband/his sister, who is the appellant in Mat.A.No.248/2009 before this Court. Apprehending that the petitioner- wife may not abide by her commitments as per the joint statement, the documents and demand draft have been placed before this Court to be handed over to the petitioner only if she agrees for comprehensive settlement Mat. Appeal No.248 OF 2009 & O.P.(F.C).No.360 OF 2010 : 5 : of both Mat.A.No.248/2009 and this O.P. 7. Today when the matter came up, as directed by this Court, a further affidavit has been filed by the second petitioner- wife. She is present before us. It is confirmed that all the outstanding disputes have been settled and the court can proceed to dispose of both these matters accepting the terms of settlement. Accordingly, we have handed over the two documents executed in favour of the first respondent-wife (and her child) and the demand draft drawn in her name to her. Out of two documents, one document is executed in favour of the child born in the wedlock (i.e.,the second respondent in Mat.A.No.248/2009). 8. We are satisfied that the joint application for divorce by mutual consent under Section 13 B can now be allowed. All the conditions stipulated under Section 13 B are satisfied. 9. In the result: A (i). Mat.A.No.248/2009 is allowed. (ii). The impugned order is set aside. (iii). O.P.No.1462/2003 filed before the Family Court, Thiruvananthapuram shall stand dismissed as all the claims of the claimants therein , i.e., respondents 1 and 2 in this Mat. Appeal No.248 OF 2009 & O.P.(F.C).No.360 OF 2010 : 6 : appeal stand satisfied and settled. (iv). The joint compromise petition I.A.No.2610/2010 shall be appended to the decree in this appeal. B. (i). O.P.(FC) No.360/2010 is allowed in part. (ii). The prayer for declaration of nullity of marriage is rejected. (iii). I.A.No.2611 of 2010 is allowed and the marriage between the petitioners therein solemnized on 29.11.1998 at Janardhanaswami Temple, Varkala in accordance with the Hindu religious rites is hereby dissolved by mutual consent under Section 13 B of the Hindu Marriage Act. C. The original of documents 1596 and 1597 of 2011 of SRO Anchal along with the demand draft for Rs.3,20,000/= issued by the Kollam District Co-operative Bank Ltd are handed over to the 1st respondent/wife by this Court now. Sd/= R. BASANT, JUDGE. Sd/= K. SURENDRA MOHAN, JUDGE. cl