High Court Kerala High Court

Elizabeth @ Lizy vs Dr. P.O.Joseph on 1 April, 2008

Kerala High Court
Elizabeth @ Lizy vs Dr. P.O.Joseph on 1 April, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Mat Appeal No. 258 of 2006()


1. ELIZABETH @ LIZY, AGED
                      ...  Petitioner

                        Vs



1. DR. P.O.JOSEPH, AGED 61 YEARS,
                       ...       Respondent

                For Petitioner  :SMT.LEKHA SURESH

                For Respondent  :SRI.BEPIN VIJAYAN

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

 Dated :01/04/2008

 O R D E R
          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