High Court Kerala High Court

Benny Mathew vs Leemon @ Philomina on 1 November, 2007

Kerala High Court
Benny Mathew vs Leemon @ Philomina on 1 November, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MFA No. 121 of 2001()



1. BENNY MATHEW
                      ...  Petitioner

                        Vs

1. LEEMON @ PHILOMINA
                       ...       Respondent

                For Petitioner  :SRI.GEORGE THOMAS (MEVADA)

                For Respondent  :SRI.A.INEES

The Hon'ble MR. Justice T.V.RAMAKRISHNAN (RETD.JUDGE)

 Dated :01/11/2007

 O R D E R

JUSTICE T.V.RAMAKRISHNAN
(RETIRED JUDGE, HIGH COURT OF KERALA)
&
SMT.S.JAYALAKSHMI (SOCIAL WORKER & MEMBER OF
HIGH COURT LEGAL SERVICES COMMITTEE)

—————————
M.F.A.No.121 OF 2001 & W.P.(C)No.21341 OF 2006

————————–

Dated this the 1st day of November, 2007

A W A R D

Petitioner in the writ petition and the appellant in

M.F.A.No.121/2001 and his counsel present. The respondent in

both cases is also present along with her father.

In these two cases, on 4.4.2007 the adalat has recorded a

written terms of settlement filed by the appellant and the

respondent. The terms of settlement has been signed by both

parties and their counsel. We have gone through the terms of

settlement.

In compliance with the terms of the settlement the writ

petitioner (appellant in MFA.No.121/2001) has handed over to

the respondent a sum of Rs. 3,00,000/- (Rs. Three lakhs only) by

way of demand draft drawn in her favour and a further sum of

Rs. 2,00,000/- (Rs.Two lakhs only) again by demand draft on

30.5.2007 and 31.10.2007 respectively. Further the petitioner

(appellant in MFA) has paid in partial compliance with the terms

of settlement, amount of maintenance @Rs.1,000 p.m for the

period ending with November, 2007. Out of the above amount of

monthly maintenance payments for May 2007 and November

2007 was paid today in cash which was received by the

respondent in satisfaction of the maintenance towards the above

months.

Now since the writ petitioner has complied with the main

terms of the settlement, we would direct both sides to comply

with the terms fully in future also in its letter and spirit. We

further record that the two cases have been settled between the

parties amicably in terms of settlement recorded in the case.

In view of the provision contained in the terms of

settlement, we would pass a decree of divorce on the basis of

agreement between the parties with effect from today that is

1.11.2007.

In the light of the settlement recorded above, W.P.(C)

No.21341/2006 and MFA.No.121/2001 are disposed of as settled.

JUSTICE T.V.RAMAKRISHNAN
(RETIRED JUDGE, HIGH COURT OF KERALA)

SMT.S.JAYALAKSHMI
(SOCIAL WORKER & MEMBER OF
HIGH COURT LEGAL SERVICES COMMITTEE)
ps

? IN THE HIGH COURT OF KERALA AT ERNAKULAM

+Mat Appeal No. 237 of 2004()

#1. OMANA, KANDATHIL VEEDU,
… Petitioner

Vs

$1. RAVEENDRAN, KANDATHIL VEEDU,
… Respondent

! For Petitioner :SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL)

^ For Respondent :SRI.K.HARILAL

*Coram
The Hon’ble MR. Justice T.V.RAMAKRISHNAN (RETD.JUDGE)

% Dated :01/11/2007

: O R D E R
JUSTICE T.V.RAMAKRISHNAN
(RETIRED JUDGE, HIGH COURT OF KERALA)
&
SMT.S.JAYALAKSHMI (SOCIAL WORKER & MEMBER OF
HIGH COURT LEGAL SERVICES COMMITTEE)

—————————
MAT.APPEAL.No.237 OF 2004

————————–

Dated this the 1st day of November, 2007

A W A R D

We are happy to note that the parties have settled the

matter and the appellant is not pressing the appeal. Such a

representation was made by counsel on both sides. We record

the submission and the appeal is dismissed as not pressed.

JUSTICE T.V.RAMAKRISHNAN
(RETIRED JUDGE, HIGH COURT OF KERALA)

SMT.S.JAYALAKSHMI (SOCIAL WORKER & MEMBER OF
HIGH COURT LEGAL SERVICES COMMITTEE)

ps