IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 4TH MARCH 2009 / 13TH PHALGUNA 1930 Mat.Appeal.No. 141 of 2007 ------------------------------------- OP.680/2005 OF THE FAMILY COURT, THIRUVALLA .................... APPELLANTS/RESPONDENTS: ------------------------------------------- 1. MANOJ KUMAR,AGED 33 YEARS,THULASI BHAVAN,PARIYARAM MURI,MALLAPPALLY VILLAGE, MALLAPPALLY TALUK. 2. KARUNAKARAN NAIR,AGED 65 YEARS, F/O.IST APPELLANT,THULASI BHAVAN, PARIYARAM MURI,MALLAPPALLY VILLAGE, MALLAPPALLY TALUK. 3. SARASAMMA,AGED 55 YEARS,M/O. IST APPELLANT THULASI BHAVAN,PARIYARAM MURI,MALLAPPALLY VILLAGE, MALLAPPALLY TALUK. BY ADV. SRI.P.HARIDAS RESPONDENT/PETITIONER: ---------------------------------------- MAYA R.NAIR,AGED 30 YEARS, ADICHINAKUZHIYIL,THELLIYOOR MURI, EZHUMATTOOR VILAGE,MALLAPPALLY TALUK. ADV. SRI.MVS.NAMBOOTHIRY FOR R1 SRI.P.S.VISWANATHA PANICKER FOR R1 THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 04/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN & P.S.GOPINATHAN, JJ. ------------------------------------------ Mat.Appeal No.141 of 2007 & I.A.No.686 of 2009 ------------------------------------------ Dated, this the 4h day of March, 2009 JUDGMENT P.R.Raman, J. I.A.No.686 of 2009 is a joint application filed by the parties under Section13(B) of the Hindu Marriage Act seeking a decree of divorce to be granted by this Court. The appeal arises out of the order passed by the Family Court Thiruvalla in O.P.680 of 2005. That was a petition filed for return of the gold ornaments and money, which was decreed ex parte. The application seeking to set aside that decree was however dismissed. Hence this appeal. 2. It was during the pendency of the above appeal that the disputes were settled amicably between the parties and filed this compromise petition. 3. It is admitted that the parties have been residing separately for the last ten years and thus the matrimonial tie has irretrievably broken and there is no possibility for any re-union between the parties. In view of the above circumstance, though no application is made previously seeking for divorce, considering the long period of separation between the parties and in view of the compromise, we dispense with the six month's period for Mat.Appeal No.141 of 2007 2 passing the decree. 4. Accordingly a dissolution of marriage by granting a decree of divorce is passed recording the compromise between the parties. No other disputes are now pending. The decree of the lower court will stand set aside, since whatever monetary claims including jewellery are seems to have been settled between the parties. A copy of the joint application is to be annexed with the order. 5. However, it is agreed between the parties that there is a criminal case C.C.No.823 of 2008 for offence punishable under Section 498A of the Indian Penal Code. Both sides agree that it is not necessary to continue the said proceedings. However, a formal application has to be made by the wife before the concerned Magistrate Court where the criminal case is pending, whereupon the court will record the same and close the matter. This appeal is disposed of as above. P.R.RAMAN, JUDGE P.S.GOPINATHAN,JUDGE vns Mat.Appeal No.141 of 2007 3 The figure “C.C.No.823 of 2008” occurring in line 2, para 5, page 2 of the judgment is corrected as “C.C.No.823 of 2005” as per order dated 25/11/2009 in I.A. 2947/2009. Sd/- Registrar (Judicial)