IN THE HIGH COURT OF KERALA AT ERNAKULAM
Mat.Appeal.No. 716 of 2007()
1. SUNNY CHACKO, AGED 45 YEARS,
... Petitioner
2. MATHEW CHACKO, AGED 71 YEARS,
Vs
1. MERCY GEORGE, AGED 41 YEARS,
... Respondent
For Petitioner :SRI.JAMES KURIAN
For Respondent :SRI.P.HARIDAS
The Hon'ble MR. Justice P.R.RAMAN
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :29/10/2008
O R D E R
P.R.Raman &
T.R. Ramachandran Nair, JJ.
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Mat. A.Nos.716 & 724 of 2007
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Dated this the 29th day of October, 2008.
JUDGMENT
Ramachandran Nair, J.
The two appeals arise out of the judgments rendered by the Family
Court, Thiruvalla in O.P.Nos.81/2006 & 82/2006. Since the parties are the
same, they are being disposed of by a common judgment.
2. O.P.No.81/2006 was filed for recovery of patrimony and
O.P.No.82/2006 was filed by the respondent/wife seeking for a decree
dissolving the marriage with the appellant herein. The Family Court has
granted a decree dissolving the marriage and has also allowed the
respondent to recover a sum of Rs.2,19,000/- with interest at the rate of 6%
per annum from the date of petition till realisation, along with cost of
Rs.2,000/- from the appellants.
3. When the matter came up for hearing today, learned counsel for
the respondent in Mat. Appeal No.716/2007 submitted that the respondent is
prepared to limit her claim to Rs.1,00,000/- instead of Rs.2,19,000/- towards
patrimony and that the appeal may be disposed of in terms of the said offer.
Learned counsel for the appellants also submitted that his clients are
MA Nos.
716 & 724/07 -2-
agreeable with the said offer made by the learned counsel for the
respondent.
4. The marriage was on 10.1.2000. In April 2000 the husband went
to Saudi Arabia where he was employed and the wife joined him in October
2001. Alleging that the husband left her company in May 2005, both the
cases have been filed by the respondent. In O.P.No.82/2006 decree for
dissolution of marriage has been granted after accepting the case pleaded by
the wife. Therein, the appellant/husband did not file objection and he was
set ex-parte also.
5. In O.P.No.81/2006 various monetary claims totaling Rs.2,19,000/-
was raised by the wife, the respondent herein, which was granted by the
court below. We dispose of the appeals in terms of the agreement between
the parties, in the following terms:
The decree granted in O.P.No.82/2006 dissolving the marriage
between the appellant and respondent which is challenged in
M.A.No.724/2007, is hereby confirmed and the appeal is dismissed. The
judgment passed by the Family Court in O.P.No.81/2006 is modified
allowing the respondent to recover a sum of Rs.1,00,000/- with future
MA Nos.
716 & 724/07 -3-
interest at 6% till realisation, from the appellants and their assets.
Both the appeals are disposed of as above.
( P.R.Raman, Judge.)
(T.R. Ramachandran Nair, Judge.)
kav/