IN THE HIGH COURT OF KERALA AT ERNAKULAM
Mat.Appeal.No. 534 of 2010()
1. A.K.REMANI
... Petitioner
Vs
1. MURALEEDHARAN C.S.
... Respondent
For Petitioner :SRI.P.HARIDAS
For Respondent :SRI.R.GIREESH VARMA
The Hon'ble MR. Justice R.BASANT
The Hon'ble MRS. Justice M.C.HARI RANI
Dated :21/07/2010
O R D E R
R.BASANT & M.C.HARI RANI, JJ.
* * * * * * * * * * * * *
Mat.Appeal No.534 of 2010
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Dated this the 21st day of July 2010
O R D E R
Basant,J
This appeal is directed against the order dated 10/02/2010
in I.A.No.1642/09 in O.P (H.M.A) No.543/08. O.P (H.M.A)
No.543/08 was filed before the Family Court by the respondent
herein/the husband. It is submitted that in that proceedings, on
03/06/2009, as both parties were absent and there was no
representation, O.P. was dismissed as default. I.A.No.1642/09
was filed for restoration of the said O.P. During the pendency of
that O.P, parties had settled their disputes and filed a joint
application to report settlement. That joint application is dated
10/02/2010. It was duly signed by the contestants and was
counter signed by their counsel. A copy of the same is produced
before this Court as Annexure I.
2. When the matter came up for hearing on 10/02/2010,
there was no representation and the learned Judge of the Family
Court proceeded to dismiss the application for restoration also.
It is aggrieved by this that the appellant has now come before
this Court.
Mat.Appeal No.534 of 2010 2
3. Respondent has entered appearance. The learned
counsel for the respondent submits that the matter has been
settled vide joint statement dated 10/02/2010. In these
circumstances, it is prayed that the court below may be directed
to restore O.P (H.M.A) No.543/08 and dispose of the same afresh
in accordance with law.
4. We have heard both sides. We are satisfied that the
said joint request can be accepted. We take note of the fact that
the parties to this matrimonial dispute have settled all their
outstanding disputes harmoniously. It is only fair and proper
that the settlement effected by them by the joint statement be
accepted.
5. In the result,
a) This appeal is allowed.
b) The impugned order dated 10/02/2010 in
I.A.No.1642/10 and the judgment dated 03/06/2009 in O.P
(H.M.A) No.543/08 are set aside.
c) The parties are directed to appear before the Family
Court on 10/08/2010. The Family Court shall dispose of O.P
(H.M.A) No.543/08 afresh, in accordance with law, in the light of
the joint statement filed by the parties.
Mat.Appeal No.534 of 2010 3
6. Hand over copy of this order to the learned counsel
for the petitioner for immediate production before the Family
Court.
(R.BASANT, JUDGE)
(M.C.HARI RANI, JUDGE)
jsr
// True Copy// PA to Judge
Mat.Appeal No.534 of 2010 4
Mat.Appeal No.534 of 2010 5
R.BASANT & M.C.HARI RANI, JJ.
.No. of 200
ORDER/JUDGMENT
19/07/2010