IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 14TH AUGUST 2008 / 23RD SRAVANA 1930 WP(C).No. 4554 of 2008(S) ------------------------- OPHMA.58/2005 of FAMILY COURT,TRIVANDRUM .................... PETITIONER: ------------ DR.VIDHU SASIDHARAN, AGED 30, RESIDING AT T.C.31/952, `GIRIJA PRIYA', PUTHEN ROAD, PETTAH, THIRUVANANTHAPURAM. BY ADVS.SRI.L.MOHANAN SMT.LIGEY ANTONY RESPONDENT: ------------- DR.L.SANTHOSH KUMAR, RESIDING AT `OASIS', (NEAR SURYA T.V.OFFICE), PANICKER'S LANE, SASTHAMANGALAM, PEROORKADA P.O., THIRUVANANTHAPURAM. BY ADVS. SRI.V.N.GOPALAKRISHNAN NAIR SRI.G.SURARSHAN SMT.JEENA JOSEPH;MEDIATOR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: Ext.P1: Copy of the Original Petition, O.P.(HMA) 58/2005 filed on 17.1.05 before the Honourable Family Court, Thiruvananthapuram. RESPONDENT'S EXHIBITS: NIL. KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------------------------- W.P.(C)NO. 4554 OF 2008 ---------------------------------------------------------------- Dated this the 14th day of August, 2008 JUDGMENT Harun-Ul-Rashid, J. This Writ Petition is filed by the wife for a direction to the Family Court, Thiruvananthapuram to dispose of O.P.(H.M.A.) No.58 of 2005 within a time frame fixed by this Court. 2. The petitioner and the respondent were married on 11.12.2001. Both of them are doctors doing the same profession. A female child was born in the wedlock on 16.7.2003. It is alleged by the petitioner/wife that the respondent/husband treated her cruelly and that their married life did not last long. The parties started living separately from 5.9.2004. The petitioner filed O.P.(H.M.A.) No.58 of 2005 before the Family Court, Thiruvananthapuram for dissolution of marriage, return of gold ornaments, recovery of the amount paid and for compensation for the injury sustained. The respondent/husband appeared before the Family Court and contested W.P.(C)NO.4554/2008 2 the matter denying the averments in the Original Petition. The said Original Petition is pending. 3. As part of an attempt for a reunion, this Court directed the parties to appear before us. Accordingly, the parties appeared on 10.3.2008, 2.4.2008, 21.5.2008 and 6.8.2008. After a prolonged discussion, the parties agreed to settle all the disputes between them. Accordingly, they agreed to dissolve the marriage by mutual consent. They have also agreed as to the terms of the monthly maintenance ordered to be paid to their only child. Both sides have accordingly filed a joint application, I.A. No.10438 of 2008 under Section 13 B of the Hindu Marriage Act, 1955 for dissolution of marriage by mutual consent. Provisions are also made in the said application for the monthly maintenance payable to their daughter Arpitha . We are convinced that there is no collusion between the parties in filing the above application and that they have consented for dissolution of the marriage under free will. A further lie over period is also not necessary in view of the prolonged litigation between the parties. We, therefore, order that the marriage between the petitioner and the respondent is dissolved by mutual consent with effect from today. The terms of compromise in I.A. No.10438 of 2008 are recorded and the interlocutory application shall form part of the judgment. In view of the W.P.(C)NO.4554/2008 3 settlement as above, there is no necessity to continue O.P.(H.M.A.) No.58 of 2005 pending before the Family Court, Thiruvananthapuram. It is, therefore, struck off from the file of that court. The Writ Petition is disposed of as above. There will be no order as to costs. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) sp/ W.P.(C)NO.4554/2008 4 KURIAN JOSEPH & HAURN-UL-RASHID, JJ. W.P.(C)NO. 4554/2008 JUDGMENT 14th August, 2008