IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 29TH JULY 2009 / 7TH SRAVANA 1931 Mat.Appeal.No. 106 of 2004 ---------------------------- OP.1138/2002 of FAMILY COURT,TRIVANDRUM .................... PETITIONER: APPELLANT/ORIGINAL RESPONDENT: --------------------------------------------- G.NIDHI, D/O. KALYANI, "THINKAL", T.C.T/1312, LAKSHMI NAGAR, PATTOM P.O., THIRUVANANTHAPURAM. BY ADV. SMT.K.KUSUMAM SRI.SHAMMI VIJAYAN RESPONDENT: ORIGINAL PETITIONER: ----------------------------------- SABU K.DAMODAR, S/O. DAMODAR, "SHANTA BHAVAN", PALLOM, KOTTAYAM DISTRICT. THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 29/07/2009, ALONG WITH MA NO. 200 OF 2004 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. -------------------------------------------------- Mat.Appeal Nos.106 & 200 OF 2004 ----------------------------------------------------- DATED THIS THE 29th DAY OF JULY, 2009 J U D G M E N T Basant, J. Mat.Appeal No.106/04 is filed by the wife against a decree granting divorce in favour of her husband, the respondent therein. Mat.Appeal No.200/04 is an appeal preferred by the husband against a decree granted in favour of the wife against him directing payment of amounts. 2. The matter has been pending before Court for a long period of time and it is now submitted that the parties have settled all their outstanding disputes. The nature of the compromise is reflected in I.A.No.2114/09 jointly filed by both sides and counter signed by their counsel. On the terms of the said agreement/compromise petition dated 29.7.2009, two demand drafts, details of which are specified in the joint compromise petition, have now been handed over to the counsel for the wife by the counsel for the husband. Parties now agree that these Mat.Appeals can be disposed of in terms of the Mat.A.Nos.106 & 200/04 -2- compromise statement. 3. In the result: (a) Mat.Appeal No.106/04 is dismissed as not pressed in the light of the compromise. (b) Mat.Appeal No.200/04 is allowed and the impugned order is set aside. The entire claim having been satisfied and discharged by the appellant by payment of the amount of Rs.6 lakhs made today by two demand drafts referred to in the joint compromise petition. © The joint compromise petition shall be appended to the decrees. (d) The parties are directed to suffer their respective costs. R.BASANT, JUDGE. M.C.HARI RANI, JUDGE. dsn Mat.A.Nos.106 & 200/04 -3- R.BASANT & M.C.HARI RANI, JJ. -------------------------------------------------- Mat.Appeal Nos.106 & 200 OF 2004 ----------------------------------------------------- DATED THIS THE 17 th DAY OF JULY, 2009 O R D E R Basant, J. Counsel submit that they have already prepared a draft settlement and they need 10 days' further time to finalise it, as demand draft for an amount of Rs.3 lakhs only is made available by the respondent today. 2. Call on 27.7.2009. R.BASANT, JUDGE. M.C.HARI RANI, JUDGE. dsn