IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 18711 of 2009(R)
1. SINI RACHEL OMMEN ,D/O.MATHEW OOMMEN,
... Petitioner
Vs
1. JIBY JOHN GEORGE,S/O. SRI.V.GEORGE
... Respondent
2. GEORGE ULAHANNAN, VAZHATHOTTATHIL VEEDU
3. MARIYAMMA ULAHANNAN
4. THE MANAGER
For Petitioner :SMT.P.V.PARVATHI
For Respondent :SRI.GEORGE VARGHESE (MANACHIRACKEL)
The Hon'ble MR. Justice R.BASANT
The Hon'ble MRS. Justice M.C.HARI RANI
Dated :08/09/2009
O R D E R
R.BASANT & M.C. HARI RANI,JJ
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W.P.(C)NO. 18711 OF 2009
============================
DATED THIS THE 8TH DAY OF SEPTEMBER 2009
JUDGMENT
Basant,J.
The parties to this writ petition are parties in O.P.(Div)
No.907/2006 pending before the Family Court, Ernakulam and
O.P.No.432/2006 pending before the Family Court, Thiruvalla. This
writ petition is filed by the petitioner seeking inter alia expeditious
disposal of the proceedings between the parties by the Family Courts.
2. Before this Court, the parties were referred to a Mediator and
we note with satisfaction that the parties have settled all their disputes
in the presence of the Mediator.
3. A settlement has been arrived at between the parties before
the Mediator and the said settlement duly signed by the parties and
counter signed by the respective counsel has been filed before court
by the Mediator. The learned counsel for the parties and the Mediator
are present before court. They pray that the writ petition may be
disposed of accepting the settlement arrived at between the parties
and issuing specific directions in terms of the settlement.
WPC.18711/2009 -2-
4. In the result, this writ petition is allowed accepting the
settlement dated 7-9-2009 arrived at between the parties. The said
settlement shall form part of this judgment. The following further
directions are issued .
i)The parties shall be at liberty to move the Family Court,
Ernakulam to advance hearing of O.P.(Div)No.907/2006 and get the
same dismissed as withdrawn. They shall be at liberty to file a joint
application for divorce before the Family Court under Section 10A of
the Divorce Act on 14-9-2009. The Family Court shall dispose of the
same as expeditiously as possible.
ii)Ornaments belonging to the petitioner and the 3rd respondent
which are available in Locker No.55 of Canara Bank, Thodupuzha and
which have been separately kept by the Mediator shall be returned to
the respective parties by the Mediator after getting due
acknowledgment from them. Thereafter, the key of the locker shall be
handed over to the 3rd respondent by the Mediator. Needless to say,
the 3rd respondent shall be at liberty to further operate the said locker.
iii)F.D.No.306546 in the joint name of the petitioner and the first
respondent shall be handed over by the first respondent to the
petitioner and the petitioner shall be at liberty to get the said amount
released from the Federal Bank,4th respondent herein.
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5. Appropriate applications can be filed by the parties jointly
before the courts concerned for carrying out the other terms of the
settlement. The courts concerned shall expeditiously pass appropriate
orders on such applications.
6. The petitioner and respondents 1 to 3 agree and undertake
that an amount of Rs.7500/- shall be paid by the petitioner to the
Mediator and a further amount of Rs.7500/- shall be paid by
respondents 1 to 3 together to the Mediator(Total Rs.15,000/-).
Handover.
R. BASANT, JUDGE
M.C. HARI RANI,JUDGE
ks.
WPC.18711/2009 -4-