High Court Kerala High Court

Dhanya vs Sujith.V. on 28 February, 2008

Kerala High Court
Dhanya vs Sujith.V. on 28 February, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Mat Appeal No. 456 of 2007()


1. DHANYA, AGED 26 YEARS,
                      ...  Petitioner
2. MUKUNDAN T.K., AGED 61 YEARS,

                        Vs



1. SUJITH.V., AGED 34 YEARS,
                       ...       Respondent

                For Petitioner  :SRI.M.P.KRISHNAN NAIR

                For Respondent  :SRI.MANJERI SUNDERRAJ

The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice HARUN-UL-RASHID

 Dated :28/02/2008

 O R D E R
               KURIAN JOSEPH & HARUN-UL-RASHID, JJ.

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                   MAT. APPEAL NOS. 456 & 457  OF 2007

                                               &

                              R.P.(F.C.)NO.357 OF 2007

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                     Dated this the  28th day of February, 2008


                                       JUDGMENT

Kurian Joseph, J.

These cases arise out of the matrimonial dispute between Smt.

Dhanya/wife and Sri. Sujith/husband who are the appellant/petitioner and

respondent in these cases. When the cases came up before us, we

appointed Adv. Sri. Sreelal Warrier as mediator. It is heartening to note

that through mediation, and thanks to the co-operation extended by

counsel on both sides and thanks to the effort taken by this Court, the

parties have come to an amicable settlement of their disputes. True, there

is no matrimonial reunion. But, they have decided to part as friends and

thus peace has been purchased between the families of both sides. Having

been convinced that the marriage has been irretrievably broken and that

they would not be able to live together, they have filed I.A. No.391of 2008

in Matrimonial Appeal No.456 of 2007 under Section 13B of the Hindu

Marriage Act, 1955. In the background of the fact that the marriage took

place on 16.3.2003 and that the parties have been living separately for

Mat. Appeal No.456/2007

& Connected Cases. 2

over three years, we are of the view that further lie over period is not

necessary. Accordingly, we allow I.A. No. 391of 2008. The marriage

between Sri. Sujith V. and Dhanya, the parties to these cases is dissolved

by a decree of divorce by mutual consent. As part of the settlement of the

remaining disputes, learned counsel appearing for Sri. Sujith has handed

over a Fixed Deposit Receipt for Rs.2,00,000/- of Bank of India, Calicut

Branch in favour of Dhyan Dev Sujith which has been duly acknowledged

by the learned counsel appearing for Dhanya. The maturity value of the

deposit is Rs.7,60,000/- and the date of maturity is 27.2.2023. It is made

clear that in the event of any unforeseen financial difficulties being faced

by Smt. Dhanya, it will be open to her to approach this Court for

withdrawal of the amount out of the fixed deposit.

2. Sri. Sujith will continue to pay at the rate of Rs.1000/- per month

to Smt. Dhanya towards maintenance of their minor son till he attains the

age of majority. It is also agreed between the parties that they have no

other claim for maintenance, either past or future alimony, other than what

is stated and recorded in this judgment.

3. Since the parties have thus settled the disputes amicably between

Mat. Appeal No.456/2007

& Connected Cases. 3

them, we do not think it necessary to pursue the criminal case pending

before the Judicial First Class Magistrate’s Court, Vatakara as C.C. No.350

of 2005. Therefore, we quash the proceedings in the above Calendar Case.

4. We record our appreciation and co-operation extended by the

learned counsel appearing for the parties and the effort taken by Adv. Sri.

Sreelal Warrier for mediation. Since considerable time and efforts were

taken by the mediator, we are of the view that the mediator should be

reasonably remunerated. The parties shall pay Rs.5,000/- each to the

learned mediator within one month from today.

The Matrimonial Appeals and the revision are disposed of as above.

(KURIAN JOSEPH, JUDGE)

(HARUN-UL-RASHID, JUDGE)

sp/

Mat. Appeal No.456/2007

& Connected Cases. 4

KURAIN JOSEPH &

HAURN-UL-RASHID, JJ

MAT. APPEAL NOS.456 &

457/ 2007 &

R.P.(F.C.) NO.357/2007

JUDGMENT

28TH FEBRUARY, 2008