IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 17TH JANUARY 2008 / 27TH POUSHA 1929 MFA.No. 1107 of 1999(C) ----------------------- OP.201/1998 of FAMILY COURT,KOZHIKODE .................... APPELLANT/PETITIONER: ----------- KUZHINHOTHA HARIDASAN, S/O.ANDI, INDIAN MILITARY (B.S.F. KERALA STATE), KOZHIKODE TALUK, RAROTH AMSOM, KIDAVOOR DESOM, P.O.THAMARASSERY, KOZHIKODE. BY ADV. SRI.P.R.VENKETESH RESPONDENTS/RESPONDENTS: ------------- 1. KUMMANKODA SHEEJA, 9MENTALLY RETARDED), 21 YEARS, D/O.CHOYIKUTTY, KUNNAMANGALAM AMSOM, DESOM, P.O.PADANILAM. 2. CHOYIKUTTY, FATHER OF 1ST RESPONDENT, WORKING AT KSRTC, S/O.RARU, 53 YEARS, KUNNAMANGALAM AMSOM, DESOM, P.O.PADANILAM. 3. JANAKI, MOTHER OF 1ST RESPONDENT, AGED 42 YEARS, KUNNAMANGALAM AMSOM, DESOM, P.O.PADANILAM. BY ADV. SRI.N.JAMES KOSHY THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 17/01/2008, ALONG WITH RPFC NO.83 OF 1999 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ----------------------------------------- M.F.A.NO.1107 OF 1999 & R.P.F.C.NO.83 OF 1999 ----------------------------------------- Dated this the 17th day of January, 2008 JUDGMENT Kurian Joseph,J. The appeal and revision are filed by the husband who is the petitioner before the Family Court in O.P(Divorce) No.201/1998. O.P.(Divorce)No.201/1998 filed by the appellant was dismissed. The marriage took place on 4-5-1997. It is submitted that they are living separately since 1998. During the pendency of the appeal the parties, on their own initiative, have decided to settle the disputes. As part of the settlement as above, they have agreed to file a petition under Section 13B for a decree of divorce on mutual consent. The petitioner has also agreed to return the gold and cash, gold weighing 21 sovereigns and cash to the tune of Rs.1,65,000/-. The same is handed over to the respondent whose mother Smt.Janaki and brothers Sri.K.Rajeev and Sri.K.Shaji are present and they have jointly acknowledged the same after duly weighing the gold. It is agreed that the amount of Rs.1,65,000/- will be deposited in the M.F.A.NO.1107 OF 1999 & R.P.F.C.NO.83 OF 1999 -:2:- joint name of Sheeja and Smt.Janaki in a nationalised bank/Treasury within a week, for the time being. 2. Having talked to the parties who are present before us we are satisfied that there is no collusion between them and it is in their interest that the disputes are given a quietus so that they can at least part as friends. Accordingly we allow I.A.No.178/2008. The marriage between the appellant and the respondent is dissolved by a decree of divorce on mutual consent. 4. In view of the settlement of disputes between the parties as per the terms of compromise as recorded in I.A.No.179/2008 in M.F.A.No.615/2001, R.P.F.C.No.83/1999 is closed. In view of the terms of compromise it will be open to Sri.Haridasan to withdraw the amount of Rs.9500/- deposited before the Family Court, Kozhikode. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) ahg. KURIAN JOSEPH & HARUN-UL-RASHID, JJ. --------------------------- M.F.A.NO.1107 OF 1999 & R.P.F.C.NO.83 OF 1999 ---------------------------- JUDGMENT 17th January, 2008