IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 20TH JANUARY 2009 / 30TH POUSHA 1930 WP(C).No. 21257 of 2008(S) -------------------------- OP.616/2005 of FAMILY COURT,THRISSUR .................... PETITIONER(S): --------------- TITUS, AGED 35 YEARS, S/O.OUSEPH, ARICATT HOUSE, VELLANCHIRA P.O., ALOOR VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. DR.SEBASTIAN CHAMPAPPILLY SMT.ANNIE GEORGE SMT.RINTA GEORGE SRI.M.P.RAJU RESPONDENT(S): --------------- MAMATHA, AGED 28 YEARS, D/O.RAJAN, PAINADATHU HOUSE, VATHICAN STREET, ALUVA TALUK, ALUVA VILLAGE, NOW WORKING AT KERALA CARS PVT.LTD (KAIRALI FORD), 508-A, ILLIKKAT BUILDING, EDAPPALLY P.O., COCHIN - 682 024. ADV. SRI.S.B.PREMACHANDRA PRABHU FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) NO.21257 OF 2008 PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF O.P.NO.616 OF 2005 FILED BY THE PETITIONER ON THE FILE OF THE FAMILY COURT AT THRISSUR FOR A DECREE OF DIVORCE DATED 2.6.2005 EXT.P2 TRUE COPY OF O.P.NO.835 OF 2006 BEFORE THE FAMILY COURT AT THRISSUR, DATED 7.7.2006 FILED BY THE RESPONDENT. EXT.P3 TRUE COPY OF M.C.NO.243 OF 2006 BEFORE THE FAMILY COURT, THRISSUR DATED 7.7.2006 FILED BY THE RESPONDENT. EXT.P4 TRUE COPY OF THE OBJECTION FILED BY THE RESPONDENT DATED 11.7.2006 EXT.P5 TRUE COPY OF OBJECTION DATED 28.7.2006. EXT.P6 TRUE COPY OF OBJECTION FILED BY THE PETITIONER DATED 28.7.2007 IN M.C.NO.243 OF 2006. EXT.P7 TRUE COPY OF THE ORDER DATED 31.7.2007 IN M.C.NO.243 OF 2006. EXT.P8 TRUE COPY OF THE COMPLAINT PREFERRED BY THE PETITIONER'S MOTHER BEFORE THE SUB INSPECTOR OF POLICE KODAKARA DATED 27.9.2007. EXT.P9 TRUE COPY OF RECEIPT NO.520/DPTN/07/D2 DATED 27.9.2007. EXT.P10 TRUE COPY OF I.A.NO.4033 OF 2007 DATED 6.10.2007 FILED BY THE PETITIONER IN O.P.NO.616 OF 2005 EXT.P11 TRUE COPY OF SUICIDE NOTE LEFT BY THE RESPONDENT DATED NIL. EXT.P12 TRUE COPY OF ONE SUCH LETTER ADMITTING HER GUILT AND ASKING FORGIVENESS FROM THE PETITIONER DATED NIL. EXT.P13 TRUE COPY OF THE PROOF AFFIDAVIT DATED 6.2.2008 FILED BY THE PETITIONER IN O.P.NO.616 OF 2005. EXT.P14 TRUE COPY OF I.A.NO.590 (A) OF 2008 IN O.P.NO.616 OF 2005 DATED 7.2.2008. EXT.P15 TRUE COPY OF LETTER DATED 19.4.2008. W.P.(C) No.21257 of 2008 : 2 : EXT.P16 TRUE COPY OF THE MEDICAL REPORT ALONG WITH ITS COVERING LETTER DATED 19.6.2008. EXT.P17 TRUE COPY OF THE ORDER DATED 19.7.2008 POSTING THE CASE FOR EVIDENCE. EXT.P18 TRUE COPY OF I.A. DATED 10.7.2008 FILED BY THE PETITIONER IN O.P.NO. 616 OF 2005. EXT.P19 TRUE COPY OF M.P.(EXE) NO.552 OF 2008 DATED 26.5.2008 DATED 17.6.2008 WITH HEARING DATE SHOWN AS 19.7.2006. EXT.P20 TRUE COPY OF NOTICE IN M.P.(EXE) No.552 of 2008 dated 17.6.2008. //true copy// P.A. To Judge. P.R.RAMAN & C.T.RAVIKUMAR, JJ. ------------------------------- W.P.(C) No.21257 OF 2008 ------------------------------- Dated this the 20th January, 2009 J U D G M E N T Raman, J. The petitioner is the husband whose marriage with the respondent was solemnized on 24.9.2003. But, after giving birth to a child, the matrimonial relationship between the parties got strained. According to the petitioner, the respondent-wife left to her parental home while pregnant and she did not return back thereafter, without any justifiable cause. However, the above submission is seriously disputed by the respondent. The petitioner herein filed O.P.No.616 of 2005 before the Family Court, Thrissur, for dissolution of marriage on the ground of mental illness. The respondent herein filed O.P.No.835 of 2006 for Restitution of Conjugal Rights. She has also filed M.C.No.243 of 2006 for maintenance. These are the three main cases now pending before the Family Court, Thrissur, between the parties. The maintenance case, M.C.No.243 of 2006, was eventually W.P.(C) No.21257 of 2008 2 decreed and the maintenance order is sought to be executed by filing M.P. Before the same Family Court. In the divorce petition filed by the husband, parties were directed to appear before the medical board for examination. However, the petitioner did not appear before the medical board which was recorded in its order dated 26.6.2008, Ext.P7 produced in the case. Challenging the said order, this writ petition is filed. 2. During the pendency of the matter, the parties were directed to appear before this Court to explore the possibilities of settlement on all their pending disputes. This Court, after interacting with the parties, thought fit to appoint an expert and accordingly Dri.Shaju George, a Psychiatrist attached to the Lourdes Hospital was appointed, to examine the parties and to counsel them. Reports have been filed thereafter. After the continued counselling, the relationship between the parties gradually improved and they agreed to re-unite and live together. We had, in our order dated 29.9.2008, recorded about these facts, and directed to continue the follow up action as advised by W.P.(C) No.21257 of 2008 3 the Doctor. This was done. We adjourned the case to be posted after a month, after our order dated 17.11.2008. In the meantime, the parties started living together from 26.12.2008. They appeared before us along with the child today. We find both of them happy. 3. In view of the pendency of the various matters pending before the Family Court, it was suggested by the counsel appearing on either side that in order to give a quietus to the dispute, appropriate orders are to be passed on those matters, so as there is no necessity to continue those proceedings. Hence, we adjourned the case to be posted after lunch for enabling the parties to file a joint petition, if they desire that all the pending disputes could be struck off from the file. Accordingly, I.A.No.965 of 2009 is filed, which is a compromise petition filed under Section 150 of the High Court Rules, signed by both the parties and their respective counsel. The prayer made in that petition is to strike off O.P.No.616 of 2005, O.P.No.835 of 2006, M.C.No.243 of 2006 and M.P. (Exe) No.552 of 2008, from the file W.P.(C) No.21257 of 2008 4 of Family Court, Thrissur. In the affidavit supporting the compromise petition, it is averred that on account of the efforts made by this Court and the respective counsel with the assistance of the Counselor, Dr.Shaju George, Psychiatrist of Lourdes Hospital, their disputes have been resolved and they have resumed co-habitation. It is also averred that various legal proceedings instituted between the parties are no more required to be further prosecuted. 4. In the above facts and circumstances, the compromise is recorded. O.P.No.616 of 2005, O.P.No.835 of 2006 and M.P.(Exe) No.552 of 2008 are struck off from the files of Family Court, Thrissur. Though there is a decree for maintenance in M.C.No.243 of 2006, in view of the above compromise, the said order in M.C. has become inoperative. The writ petition is disposed of as above. The Registry shall send a copy of this order along with a copy of I.A.No.965 of 2009 to the Family Court, Thrissur, W.P.(C) No.21257 of 2008 5 for information and for making necessary entries in the respective cases, in accordance with law. P.R.RAMAN, JUDGE C.T.RAVIKUMAR, JUDGE. nj.