BEFORE THE LOK ADALAT ORGANISED BY THE KERALA HIGH COURT LEGAL SERVICES COMMITTEE THE HONOURABLE MR. JUSTICE M.R.HARIHARAN NAIR (RETD.JUDGE) & SRI.K.J.THOMAS STANLEY (RETD. ADDL. DISTRICT JUDGE) WEDNESDAY, THE 31ST OCTOBER 2007 / 9TH KARTHIKA 1929 Mat.Appeal.No. 49 of 2005() --------------------------- OP.110/2003 of FAMILY COURT, KANNUR .................... APPELLANT/PETITIONER: --------------- K.V. PRABHAKARAN, S/O. CHANDU NAIR, AGED 36 YEARS, KALLERI VEETTIL, PADIYOOR AMSOM, DESOM, P.O. PADIYOOR, KANNUR DISTRICT. BY ADV. SRI.GRASHIOUS KURIAKOSE RESPONDENT/RESPONDENT: ------------- PRASEETHA, D/O. RAMAN NAIR, AGED 27 YEARS, KUNNIRIKKAL HOUSE, P.O. CHEKKIKULAM, KANNUR DISTRICT. BY ADV. SRI.A.MOHAMED MUSTAQUE THIS MATRIMONIAL APPEAL HAVING COME UP FOR DETERMINATION AT LOK ADALAT AND THE PARTIES HAVING SETTLED THE MATTER, THE FOLLOWING AWARD IS PASSED IN TERMS OF SETTLEMENT. JUSTICE M.R.HARIHARAN NAIR (RETIRED JUDGE, HIGH COURT OF KERALA) & SRI.K.J.THOMAS STANLEY (RETIRED ADDITIONAL DISTRICT JUDGE) --------------------------- MAT.APPEAL.No.49 OF 2005 -------------------------- Dated this the 31st day of October, 2007 A W A R D Parties and their counsel are present. Terms of settlement had been arrived at tentatively as recorded in the previous order dated 20.8.2007. When the case was taken up today there was further discussion arising from the inability of the respondent to surrender the 'Thali' mentioned in the previous order. It was offered instead that the appellant may retain half the portion of the chain that was produced today. In turn, the appellant agreed to surrender the table which had been left at his house by the respondent. He would send it by lorry parcel to the respondent in the address provided in the compromise petition within five days and also forward to her the lorry receipt concerned in the address mentioned in the appeal memo filed in this case. A sum of Rs.80,000/- (Rs.Eighty thousand only), the identity card and half of the chain have been received by the respondent today, in full and final settlement of all her claims as mentioned in the compromise petition filed today, which we record and make the basis of the compromise decree. The parties have filed a joint petition under Section 13(B) of the Hindu Marriage Act, agreeing for divorce. Considering the fact that the matter has been pending before the Family Court, Kannur from 2003 onwards, we dispense with the time limit of six months and based on the compromise petition grant the relief of divorce to the parties effective from today. The marriage between the appellant and the respondent is declared dissolved on mutual consent with effect from 31.10.2007. As undertaken in the compromise petition all proceedings initiated by the parties against the other in different courts will be withdrawn at the earliest by the respective parties, so that no further dispute touching upon the marriage or matters connected therewith will subsist hereafter. JUSTICE M.R.HARIHARAN NAIR (RETIRED JUDGE, HIGH COURT OF KERALA) SRI.K.J.THOMAS STANLEY (RETIRED ADDITIONAL DISTRICT JUDGE) ps