IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 15TH OCTOBER 2008 / 23RD ASWINA 1930 Mat.Appeal.No. 151 of 2008() ---------------------------- OP.529/2004 of FAMILY COURT, KANNUR .................... PETITIONER(S): PETITIONER ------------------------- E.P. DIVAKARAN, S/O.LATE BHARATHAN AGED 38 YEARS, RESIDING AT ILLATHUPURAYIL PALAKULANGARA, TALIPARAMBA AMSOM TALIPARAMBA TALUK. BY ADVS. SRI.M.SASINDRAN SRI.M.V.BIPIN RESPONDENT(S): RESPONDENT ------------------------- C. ANUPAMA, W/O.E.P. DIVAKARAN AGED 27 YEARS, RESIDING AT CHAPPIYIL HOUSE MARIYANKALAM, KALLIYASSERY POST, KANNUR TALUK. ADV. SRI.V.RAMKUMAR NAMBIAR THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 15/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. --------------------------------------------------------- MAT. APPEAL NO. 151 OF 2008 --------------------------------------------------------- Dated this the 15th day of October, 2008 JUDGMENT Harun-Ul-Rashid, J. The appellant is the petitioner in O.P. No.529 of 2004 on the file of the Family Court, Kannur. The said Original Petition was filed for a decree of divorce. By the impugned judgment, the Family Court dismissed the Original Petition finding that the petitioner failed to establish his case and hence not entitled to the relief sought for. 2. When the matter was taken up for final hearing, we issued notice to the parties. The parties appeared before this Court on 28.7.2008. We have talked to the parties at length. The parties have agreed to settle all the disputes between them. Accordingly, the parties filed a joint application, I.A. No.2748 of 2008, under Section 13 B of the Hindu Marriage Act, 1955 for a decree of divorce by mutual consent. On interaction with the parties, we are satisfied that the parties cannot live together any more, that their marital relationship is broken irretrievably and that there is no chance for a reunion. We are also satisfied that the joint application is filed on their own accord and there is no collusion between the parties in filing the Mat. Appeal No. 151/2008 2 same. We also feel that there is no necessity to wait for the statutory period and we are inclined to waive the lie over period. As part of the settlement, the appellant paid an amount of Rs.1,60,000/- to the respondent in full and final settlement of all monetary claims as against him. The respondent has received from the appellant the gold ornaments which belonged to her. The interim order passed by this Court for return of money and other articles has been complied with. Accordingly, I.A. No.2748 of 2008 is allowed. The impugned judgment is set aside and the marriage between the appellant and the respondent is dissolved by a decree of divorce on mutual consent with effect from today. The terms of compromise stipulated in I.A. No.2748 of 2008 shall form part of the decree. The appeal is disposed of as above. There will be no order as to costs. (KURIAN JOSEPH) JUDGE (HARUN-UL-RASHID) JUDGE sp/ Mat. Appeal No. 151/2008 3 KURIAN JOSEPH & HAURN-UL-RASHID, JJ. MAT.APPEAL NO. 151/08 15th October, 2008 Mat. Appeal No. 151/2008 4