IN THE HIGH COURT OF KERALA AT ERNAKULAM
Mat.Appeal.No. 701 of 2007()
1. GEORGE JOSEPH, AGED 39 YEARS,
... Petitioner
Vs
1. SINI THOMAS, AGED 31 YEARS,
... Respondent
2. TANIYA (MINOR), D/O. GEORGE,
For Petitioner :SMT.DIJI.K.DASAN
For Respondent :SRI.K.M.FIROZ
The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :25/05/2009
O R D E R
KURIAN JOSEPH &
HARUN-UL-RASHID,JJ.
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MAT. APPEAL NOS. 701 & 708 OF 2007 &
I.A.NOS.1255 & 1256 OF 2009
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Dated this the 25th day of May, 2009
JUDGMENT
Harun-Ul-Rashid,J.
The above appeals are directed against the judgment and
decree in O.P.Nos.307/1992 and 991/2002 on the file of the
Family Court, Ernakulam. O.P.No.991/2002 was filed by the
husband for dissolution of the marriage. The connected
O.Ps.307/2002 and 939/2003 were filed by the wife for
maintenance of herself and the child and for recovery of money
respectively.
2. The Family Court, Ernakulam dismissed O.P.No.991/2001
filed by the husband. O.P.No.307/2002 & 939/2003 were allowed
in part.
3. When the matter was taken up for final hearing, we had
directed the parties to appear before us. Accordingly, the parties
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Mat.Appeal .Nos.701 & 708 /2007 &
I.A.Nos.1255 & 1256/09
appeared before us on several occasions. We have interacted with
them directly and through the Mediator. Finally, the parties agreed
to settle the disputes between them. Accordingly, they filed a joint
application, I.A.No.1256/2009 in Mat. Appeal No.708/2007
requesting this Court to pass a decree for divorce by mutual
consent. A compromise petition was filed as I.A.No.1255/09 for
recording the compromise in respect of maintenance to the child.
4. Parties are living separately for more than 8 years. We are
convinced that there is no possibility of the parties living together
again. On the facts and circumstances of the case and on
continuous interaction with the parties, we are satisfied that the
marriage between the parties has irretrievably broken down. In the
circumstances, there is no necessity for the parties to wait, till the
expiry of the lie over period. Hence, the lie over period is waived.
5. In the result, I.A.No.1256/09 is allowed and a decree of
divorce by mutual consent is passed with effect from today. The
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Mat.Appeal .Nos.701 & 708 /2007 &
I.A.Nos.1255 & 1256/09
terms of compromise recorded in I.A.No.1255/09 shall form part of
this judgment. It is made clear that the maintenance amount as
agreed between the parties shall be paid as per the terms of
settlement. In case the maintenance amount is not paid, the lst
respondent is entitled to recover the amount on behalf of the child
through court in accordance with law.
Mat. Appeals are disposed of as above.
KURIAN JOSEPH,
Judge.
HARUN-UL-RASHID,
Judge.
kcv.