IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 22ND OCTOBER 2010 / 30TH ASWINA 1932 Mat.Appeal.No. 100 of 2010(C) ---------------------------- OP.41/2009 of FAMILY COURT, KOTTAYAM AT ETTUMANOOR .................... APPELLANT : ------------------------ MARYKUTTY @ MINI, D/O.MATHAI, MANIMALAKUNNEL HOUSE, KOORALIKARA, ELAMKULAM P.O., KOTTAYAM DIST. BY ADV. SRI.GEORGE SEBASTIAN RESPONDENTS : -------------------------- 1. SHANIL JOHN @ JOSEPH JOHN, S/O.JOHN, PATHINALPARA HOUSE, KANJIRAM P.O., THIRUVARPU KARA, KOTTAYAM DISTRICT. 2. JOHN, PATHINALPARA HOUSE, KANJIRAM P.O., THIRUVARPU KARA, KOTTAYAM DISTRICT. 3. MARIAMMA JOHN, PATHINALPARA HOUSE, KANJIRAM P.O. THIRUVARPU KARA, KOTTAYAM DISTRICT. ADV. SRI.P.M.NATESAN THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 22/10/2010, ALONG WITH MA NO.105 OF 2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.L.JOSEPH FRANCIS, JJ. *********************** C.M.Appl.No.284 & 298 of 2010 in Mat.Appeal Nos.100 & 105 of 2010 ***************************** Dated this the 22nd day of October, 2010 O R D E R BASANT, J. Heard. Allowed. Mat.Appeal Nos.100 & 105 of 2010 J U D G M E N T These appeals are preferred by the appellant/wife, who has suffered a decree for divorce and whose claim for money was rejected in part. During the pendency of these appeals, we are informed that the parties have settled all their outstanding disputes. It is prayed that these appeals may now be dismissed as not pressed in view of the settlement. It is submitted that an amount of Rs.1.09 lakhs, deposited by the respondent/husband is available before the court below. It is prayed that the said amount may be ordered to be returned to the appellant. It is further prayed that the order of attachment passed by the court below and extended by this Court, may be vacated. We are satisfied that the submissions of the learned counsel for the appellant can be accepted and appropriate directions issued. Mat.Appeal Nos.100 & 105 of 2010 2 2. In the result: a) Mat.Appeal Nos.100 and 105 of 2010 are dismissed as not pressed in view of the settlement between the parties; b) The court below is directed to release the amount of Rs.1.09 lakhs (or whatever be the exact amount available in deposit) to the appellant herein; c) The order of attachment passed by the court below is vacated. The court below is directed to take necessary steps to intimate the authorities of the vacation of the order of attachment. (R.BASANT, JUDGE) (M.L.JOSEPH FRANCIS, JUDGE) rtr/