IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 11TH JULY 2008 / 20TH ASHADHA 1930 Mat.Appeal.No. 231 of 2005() ---------------------------- OPHMA.336/2005 of FAMILY COURT, ALAPPUZHA .................... PETITIONER: APPELLANT --------------------- PRADEEP.R.S., S/O.M.R.CHANDRAN, AGED 30 YEARS, RESIDING AT `SYAMALA VILASAM', PULLAMPLAVE MURI, MAVELIKARA. BY ADV. SRI.P.GOPAKUMARAN NAIR SRI.C.S.DIAS RESPONDENTS: ------------- PREETHY S.NAIR, AGED 28 YEARS, D/O.SRI.SIVADASAN NAIR, RESIDING AT MANTHANATHU HOUSE, KOTTAKKAKOM MURI, MAVELIKARA. BY SRI.B.S.SIVAJI THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 11/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ----------------------------------------- Mat.Appeal No.231 of 2005 ----------------------------------------- Dated this the 11th day of July, 2008 JUDGMENT Kurian Joseph,J. This is an appeal filed against the judgment dated 31-5-2005 in O.P.(HMA)No.336/2005 on the file of the Family Court, Alappuzha. Pursuant to the directions issued by this court the parties were present before us on 2-7-2008 on which date we passed the following order:- The parties are present. The mother of Preethy and father of Pradeep are also present. We had talked to the parties and also their learned counsel. Having talked to the parties, it appears a re-union is a remote possibility. They have been living separately for the last around seven years. Both have realized the fact that a separation by a joint petition is what is in the better interests of both the parties. Towards settlement of all other disputes, the following terms are agreed to by the parties : Mr.Pradeep will deposit an amount of Rs.6,00,000/- (Rupees six lakhs only) in the name of their son Adithya, in the State Bank of India, Mavelikkara. The period of the fixed deposit will be upto the date when Aditya attains majority. It will be open to Preethy to withdraw the accruing interest from the said deposit for the purpose of meeting the educational and other needs of the child. Both Preethy and Pradeep will be joint nominees for the fixed deposit. However, it is made clear that the nominees shall not be entitled to withdraw or interfere with the fixed deposit or even avail any loan from the fixed deposit. It will be open only to Aditya, when he attains majority, to deal with the deposit. The joint nominees are put only to handle any unlikely event of the fixed deposit not accruing to the interest of Aditya. Pradeep will pay an amount of Rs.2.75 lakhs to Preethy in lieu of the claim for ornaments and other claims. There shall be no further claims from either party. The parties have agreed to file a joint petition under Section 13B of the Hindu Marriage Act. Mat.Appeal No.231 of 2005 -:2:- Accordingly the parties are present before us today and they have filed I.A.No.1725/2008 in terms of the compromise as agreed to between the parties and referred to in the order extracted above. We are convinced that there is no collusion between the parties and that separation is inevitable and in the better interests of both parties. In view of the long litigation between the parties a further lie over period also is not necessary. Accordingly I.A.No.1725/2008 is allowed and the marriage between Sri.Pradeep.R.S. and Smt.Preethy S.Nair is dissolved by a decree of divorce on mutual consent. Since the parties have stated the terms of compromise in I.A.No.1725/2008, this appeal is disposed of in terms of the compromise as referred to in I.A.No.1725/2008. The said I.A. will form part of the decree. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) ahg. KURIAN JOSEPH & HARUN-UL-RASHID, JJ. --------------------------- Mat.Appeal No.231 of 2005 ---------------------------- JUDGMENT 11th July, 2008