IN THE HIGH COURT OF KERALA AT ERNAKULAM
MFA.No. 294 of 2000(B)
1. T.REENA
... Petitioner
Vs
1. V.V.SIVADASAN
... Respondent
For Petitioner :SRI.P.V.KUNHIKRISHNAN
For Respondent :SRI.SUNNY MATHEW
The Hon'ble MR. Justice P.R.RAMAN
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :14/10/2008
O R D E R
P.R. RAMAN &
T.R. RAMACHANDRAN NAIR, JJ.
= = = = = = = = = = = = = = = = = = = =
M.F.A. NOS. 294/2000 & 1369/2000
= = = = = = = = = = = = = = = = = = = = = =
DATED THIS, THE 14TH DAY OF OCTOBER, 2008.
J U D G M E N T
Raman, J.
M.F.A. 294/2000 is filed by the wife against the order in O.P. No.
124/1999 on the file of the Family Court, Kozhikode. M.F.A. 1369/2000 is
filed by the husband against the order in O.P.223/1999 on the file of the
same Court. O.P. 124/1999 is a petition filed by the wife for return of the
gold ornaments said to have been taken by the husband. The court below,
dismissed the said petition against which M.F.A.. 294/2000 is preferred.
O.P. 223/1999 is one filed by the husband for divorce. However, the court
below refused to grant a decree for divorce; but passed an order for judicial
separation. Aggrieved thereby, the husband has come up with M.F.A.
1369/2000.
2. During the pendency of the proceedings, with the able advice of
the learned counsel appearing on either side, the parties are able to reach a
compromise and has filed a joint application – I.A. 2727/2008. As per the
terms of the compromise, it is agreed by the parties that a divorce decree
M.F.A. NOS: 294/2000 & 1369/2000 :2:
may be granted on the ground that after the passing of the order for judicial
separation, the parties have not co-habited till date and thus, the statutory
period is over based on which a decree for divorce could be granted under
Section 13 (1A)(i) of the Act. Since there is already an order for
maintenance passed by the court below in O.P. 97/1999 at the rate of Rs.
400/- per month, they have settled that dispute also and has agreed that an
amount of Rs. 1,00,000/- (one lakh) will be paid by the husband to the wife.
The parties have agreed to dissolve the marriage by mutual consent under
Section 13(1A)(i) and to relinquish all the claims including the claim for
maintenance, as ordered in O.P. 97/1999.
It is agreed by the wife that the amount of Rs.1,00,000/- (One lakh)
has been received. In view of the above compromise arrived at between the
parties, we dismiss M.F.A. 294/2000 as withdrawn. M.F.A. 1369/2000 is
disposed of granting a decree for divorce under Section 13(1A)(i) of the
Hindu Marriages Act.
P.R. RAMAN,
(JUDGE)
T.R. RAMACHANDRAN NAIR,
(JUDGE)
knc/-
M.F.A. NOS: 294/2000 & 1369/2000 :3:
P.R. RAMAN &
T.R. RAMACHANDRAN NAIR, JJ.
““““““““““““““““““““““`M.F.A. NOS.294/2000 & 1369/2000
~~~~~~~~~~~~~~~~~~~~~~~~~~~J U D G M E N T
14TH OCTOBER, 2008.