IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 7TH DECEMBER 2009 / 16TH AGRAHAYANA 1931 Mat.Appeal.No. 346 of 2008() ---------------------------- Against O.P.No. 190/2006 of Family Court, Kottayam at Ernakulam PETITIONER(S): --------------- K.N.NAZAR KHAN, 45 YEARS, S/O.NINAN KHAN KANDATHIL VEETTIL, KUMMANAM PO, KOTTAYAM TALUK, KOTTAYAM BY ADV. SRI.S.ANANTHAKRISHNAN RESPONDENT(S): --------------- RAHANA MOHAMMED HANEEFA, 31 YEARS D/O.MOHAMMED HANEEFA, DARUL PHYCIYIL, KANDATHIL VEETTIL, KUMMANAM PO., KOTTAYAM TALUK KOTTAYAM ADV. SRI.V.P.MOHAMMED NIYAZ FOR R1 THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 07/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jma R.BASANT & M.C.HARI RANI, JJ. * * * * * * * * * * * * * Mat.Appeal No.346 of 2008 ---------------------------------------- Dated this the 7th day of December 2009 J U D G M E N T Basant,J This appeal is directed against an order obliging the appellant to make payments to his wife. Respondent has entered appearance. It is submitted that subsequent to the impugned order, parties have entered into a settlement. A copy of the said agreement dated 16/2/2009 is produced. The learned counsel for the respondent submits that the claim raised in O.P.No.190/06 has been settled between the parties and, in these circumstances, this appeal can be allowed and the impugned order can be set aside. 2. Joint request is accepted. This Mat.Appeal is allowed. The impugned order is set aside. O.P.No.190/06 shall stand dismissed. Agreement dated 16/2/2009 which is produced along with memo dated 16/11/2009 shall be appended to this appellate judgment. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge M.A.No. 2 M.A.No. 3 2. In the result, a) This petition is allowed subject to conditions. b) The delay shall stand condoned and the petition shall stand allowed on condition that the appellant (i) deposits 10% of the entire amount due under the decree till the date of deposit before the Family Court within a period of sixty days from this date. (ii) offers security for the entire balance amount due under the decree on the date of deposit to the satisfaction of the Family Court within a period of sixty days. If the amount is deposited, the court below can straight away release the same to the respondent/claimant without waiting for further orders from this court. (iii) If the said conditions are satisfied, the Family Court shall issue a certificate to the appellant who shall produce the same before this court. 3. Call again after sixty days or earlier, if the certificate is produced. M.A.No. 4 The respondent has already served and entered appearance through counsel. Furnish copies of the memorandum of appeal to the learned counsel for the respondent. Take all necessary steps within a period of seven days. If steps are taken, call after service is complete. If steps are not taken, call after seven days. By way of abundant caution, we direct that notice in this appeal be issued to the respondent afresh. Such conditions will have to be imposed which shall ensure that the right of the appeal is not invoked belatedly for the mere purpose of prolonging and protracting the proceedings. We make it clear that this order will not in any way fetter the power of the court below to proceed in execution against the husband during these sixty days.