IN THE HIGH COURT OF KERALA AT ERNAKULAM
Mat.Appeal.No. 487 of 2007()
1. ABID, 26 YEARS, S/O.KUNNATH ABU,
... Petitioner
2. KUNNATH ABU, RESIDING AT KUNNATHANGADI,
Vs
1. RAMLATH, 24 YEARS,
... Respondent
For Petitioner :SRI.K.M.SATHYANATHA MENON
For Respondent :SMT.K.V.RESHMI
The Hon'ble MR. Justice R.BASANT
The Hon'ble MRS. Justice M.C.HARI RANI
Dated :02/11/2009
O R D E R
R.BASANT & M.C.HARI RANI, JJ.
————————————
Mat.Appeal No.487 of 2007
and
R.P.F.C No.351 of 2007
————————————-
Dated this the 2nd day of November, 2009
JUDGMENT/ORDER
BASANT, J.
This Matrimonial Appeal and the Revision Petition arise
from a common order. By the impugned common order,
O.P.No.654 of 2006 filed by the respondent/wife was allowed
and the appellants were directed to pay an amount of
Rs.4,62,120/- along with interest and cost to the respondent/wife.
M.C.No.535 of 2006 was also allowed and the revision
petitioner/husband was directed to pay maintenance @
Rs.1,500/- per mensem to the wife and Rs.600/- per mensem to
the child.
2. When these matters came up for hearing, the learned
counsel for the respondent submitted that the matter has been
settled between the parties and a proper agreement has been
entered into between the parties. As per the said agreement, the
marriage has been dissolved and an amount of Rs.2,15,000/- has
been paid by the appellant/husband to the respondent/wife in full
Mat.Appeal No.487 of 2007 &
R.P.F.C No.351 of 2007 2
satisfaction of all her claims. The marriage has been dissolved
and the entire amount payable under the Muslim Women’s
(Protection of Rights on Divorce) Act has also been paid. The
amount of Rs.2,15,000/- is received in full settlement of all such
claims, submits the learned counsel for the respondent. It is
further submitted that consequent to the divorce, the wife is not
entitled for any amount as maintenance and claim for
maintenance of the wife is also settled accepting that she is not
entitled to any further amount. So far as the claim for the child
is concerned, the court below has issued a direction under
Section 125 Cr.P.C to pay an amount of Rs.600/- per mensem
from the date of the claim and that is accepted by the
respondent/husband. The learned counsel for the respondent
prays that orders may be passed accordingly. The learned
counsel for the appellants/revision petitioners was requested to
take instructions. The counsel submits that though the 1st
appellant/husband was informed of the submissions of the
counsel for the respondent, he has not chosen to give any
instructions. Today the respondent/wife is present. But the 1st
appellant/revision petitioner/husband is not present.
Mat.Appeal No.487 of 2007 &
R.P.F.C No.351 of 2007 3
3. We are, in these circumstances, satisfied that the
submissions of the learned counsel for the respondent can be
accepted and appropriate orders can be passed in this
Matrimonial Appeal. The learned counsel for the respondent has
placed before us a copy of the divorce agreement entered into
between the 1st appellant/husband and the respondent/wife.
4. In the result:
a) Matrimonial Appeal No.487 of 2007 is allowed as
agreed. The impugned order is set aside. It is recorded that the
respondent has received amounts in full satisfaction and
settlement of the claim raised in O.P.No.654 of 2006.
b) R.P.F.C No.351 of 2007 is allowed in part as agreed.
The direction to pay maintenance to the 1st respondent/wife is set
aside recording that the said claim has been satisfied. The
direction to pay maintenance to the 2nd respondent/child @
Rs.600/- (Rupees Six hundred only) from the date of the petition
is upheld.
(R.BASANT, JUDGE)
(M.C.HARI RANI, JUDGE)
rtr/-