IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 1ST APRIL 2008 / 12TH CHAITHRA 1930 Mat.Appeal.No. 258 of 2006 --------------------------------- OP.331/2002 of FAMILY COURT, ERNAKULAM .................... APPELLANT/PETITIONER: ------------------------------ ELIZABETH @ LIZY, AGED D/O. LATE SEBASTIAN, MUNDYANICKAL HOUSE, NOW RESIDING AT C/o. MARY JOSEPH, KUDIYIRICKAL HOUSE, ADOORPARAMBU P.O., MUVATTUPUZHA. BY ADV. SMT. LEKHA SURESH RESPONDENT/RESPONDENT: ---------------------------------- DR. P.O. JOSEPH, AGED 61 YEARS, S/O. VARKEY OUSEPH, PUTHENVELIYIL VEEDU, PALLIPURAM, CHERTHALA, NOW RESIDING AT "CHINGAM", PUTHENVELIYIL VEEDU BEARING DOOR NO.1/925 OF COCHIN CORPORATION. BY ADV. SRI. BEPIN VIJAYAN SMT. JEENA JOSEPH [CONCILIATOR] THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 01/04/2008, ALONG WITH Mat. Appeal No. 270 OF 2006 & Crl. Appeal No. 664 OF 2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------------- Mat. Appeal Nos. 258 & 270 OF 2006 & Crl. Appeal No. 664 OF 2008 ----------------------------------------------------- Dated this the 1st day of April, 2008. J U D G M E N T Kurian Joseph, J. Mat.Appeal Nos.258 and 270 of 2006 are filed by the petitioner-wife in O.P.No.331/2002 and O.P.No.487/1997 respectively on the file of the Family Court, Ernakulam. O.P.No.331/2002 was filed praying for a decree of nullity of marriage between the petitioner and the respondent. O.P.No.487/1997 was filed praying for recovery of money from the respondent. The former was dismissed and the latter was partly allowed. Aggrieved by the same, Mat.Appeal Nos.258 and 270 of 2006 are filed at the instance of the wife. 2. During the pendency of the appeals, thanks to the strenuous efforts for conciliation and mediation taken by Smt. Jeena Joseph and thanks to the cooperation extended by learned counsel appearing on both sides, and also thanks to the whole-hearted cooperation of the parties, peace has been purchased and the parties have decided to settle the entire Mat.Appeal No.258/06 & conn. cases 2 disputes between them amicably. As part of the compromise as above, the respondent-husband has handed over a cheque for an amount of Rs.2,50,000/- in full and final settlement of the entire claims, which has been duly received by the appellant-petitioner. 3. As part of the settlement, the parties have also filed a petition under Section 10A of the Divorce Act. Parties were married on 17.01.1976. However, they have been living separately since last more than ten years. We find that the parties are entitled to a decree of divorce on mutual consent, in the above circumstances. It is only in the interests of the parties and that there is no collusion. We are also satisfied that no further lie over period is necessary. 4. Accordingly, we dissolve the marriage between the appellant and the respondent by a decree on mutual consent. I.A.No.888/2008 is thus allowed. Mat. Appeal Nos.258 and 270 of 2006 are disposed of as compromised. I.A.No.888/2008 will form part of the decree. Since the parties have thus settled the entire disputes between them, nothing survives in the Criminal Appeal No.664/2008. The same is accordingly dismissed. The respondent-husband submits that no mark of memory of the unfortunate developments of one time happy memories Mat.Appeal No.258/06 & conn. cases 3 need be left with the court and hence the documents produced may be released to both parties. Registry is directed to return the respective exhibits after retaining a photocopy of the same to the parties, on a proper application. In view of the efforts taken by the learned conciliator, we find that a reasonable remuneration is to be paid to her. Therefore, we direct the respondent-husband to pay an amount of Rs.5,000/- to the conciliator. KURIAN JOSEPH, JUDGE. HARUN-UL-RASHID, JUDGE. smp KURIAN JOSEPH & HARUN-UL-RASHID, JJ Mat. Appeal Nos. 258 & 270 OF 2006 & Crl. Appeal No. 664 OF 2008 J U D G M E N T 01.04.2008