IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 6TH NOVEMBER 2009 / 15TH KARTHIKA 1931 WP(C).No. 21364 of 2008(S) {OP.295/2007 OF THE FAMILY COURT, PALAKKAD{ .................... PETITIONER(S): ------------------- K.VIJAYAKUMAR ,S/O. LATE ACHUTHAN NAIR AGED 46 YEARS,MALEKARIYATTIL, POST PATHANKULAM PANAMANNA, OTTAPALAM TALUK. BY ADV. SRI.E.R.VENKATESWARAN SRI.R.SREEHARI RESPONDENT(S): --------------------- RADHIKA, D/O, SATHYABHAMA AMMA KARUDALAYATHIL, THEKKUMANGALAM LEKKADI POST, OTTAPALAM TALUK. ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN SMT.M.R.JAYALATHA - CONCILIATOR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 21364 of 2008 :: 2 :: APPENDIX PETITIONERS' EXHIBITS: EXT.P1: PHOTO COPY OF O.P.N0.295/07 FILED BEFORE THE FAMILY COURT, PALAKKAD DT. 28.4.2007. EXT.P2: PHOTO COPY OF I.A.No.218/08 IN O.P.N0.295/07 FILED BEFORE THE FAMILY COURT, PALAKKAD. EXT.P3: PHOTO COPY OF OBJECTION FILED IN I.A.No.218/08 IN O.P.N0.295/07 OF FAMILY COURT, PALAKKAD. EXT.P4: PHOTO COPY OF ORDER FILED IN I.A.No.218/08 IN O.P.N0.295/07 DT. 7.5.2008 OF FAMILY COURT, PALAKKAD. RESPONDENTS' EXHIBITS: NIL //true copy// P.S. To Judge SK/- KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. ----------------------------------------- W.P(C) No.21364 of 2008 ----------------------------------------- Dated this the 6th day of November, 2009 JUDGMENT KURIAN JOSEPH, J. A husband and wife approached this court, naturally with certain bickerings. When the husband filed a petition for divorce, the wife filed an interlocutory petition for maintenance in the said original petition. The Family Court passed Ext.P4 order in the petition filed by the wife. Ext.P4 is under challenge in this writ petition. 2. When the case was posted before us on 16.7.2008, in exercise of our power under Order XXXII-A Rule 3 of the CPC, we initiated steps to find out whether a reconciliation is possible, particularly in view of the two children, the eldest daughter aged around 13 years and the younger son aged around 9 years. We directed the parties to be present before us. Thereafter, we had several rounds of discussion. It is indeed heartening to note that the parties have decided to forget the past, forgive each other live together and resume their normal relationship. We gave them some time, to see whether the reconciliation is genuine. W.P(C)No.21364 of 2008 -:2:- 3. Today, both parties are present and we found that they are extremely happy with each other. The husband, who is the petitioner before us, submitted that he would stop the occasional drinking and chain smoking, since both those habits are intolerable to his dear wife. It is to be appreciated that despite such habits also, the respondent-wife Radhika has been accommodating the petitioner. 4. In view of the promise made before us, the wife seems to be exuberantly happy, hoping a bright future. We record our deep appreciation for the efforts and co-operation shown by the learned counsel appearing on both sides, conciliators and the co-operation of the parties and their relatives. We request the petitioner and respondent to continue to build up this relationship not only for the sake of themselves but also for the sake of their children, the neighbours around and the society at large. A little bit of give and take and a little bit of understanding that any human error is liable for correction in case there is an understanding partner to forget and forgive, will certainly open the inner eyes W.P(C)No.21364 of 2008 -:3:- of the erring person and it will really and genuinely refine and reform the said partner. Now that the parties have settled their disputes, it is not necessary to continue Ext.P1 proceedings or Ext.P4 order. Accordingly, we set aside Ext.P4 order passed by the Family Court, Palakkad in I.A.No.218/08 in O.P.No.295/07. O.P.No.295/07 shall stand struck off from the file of the Family Court, Palakkad. Sd/- (KURIAN JOSEPH) JUDGE Sd/- (C.T.RAVIKUMAR) JUDGE SK/- //true copy//