IN THE HIGH COURT OF KERALA AT ERNAKULAM
Mat Appeal No. 456 of 2007()
1. DHANYA, AGED 26 YEARS,
... Petitioner
2. MUKUNDAN T.K., AGED 61 YEARS,
Vs
1. SUJITH.V., AGED 34 YEARS,
... Respondent
For Petitioner :SRI.M.P.KRISHNAN NAIR
For Respondent :SRI.MANJERI SUNDERRAJ
The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :28/02/2008
O R D E R
KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
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MAT. APPEAL NOS. 456 & 457 OF 2007
&
R.P.(F.C.)NO.357 OF 2007
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Dated this the 28th day of February, 2008
JUDGMENT
Kurian Joseph, J.
These cases arise out of the matrimonial dispute between Smt.
Dhanya/wife and Sri. Sujith/husband who are the appellant/petitioner and
respondent in these cases. When the cases came up before us, we
appointed Adv. Sri. Sreelal Warrier as mediator. It is heartening to note
that through mediation, and thanks to the co-operation extended by
counsel on both sides and thanks to the effort taken by this Court, the
parties have come to an amicable settlement of their disputes. True, there
is no matrimonial reunion. But, they have decided to part as friends and
thus peace has been purchased between the families of both sides. Having
been convinced that the marriage has been irretrievably broken and that
they would not be able to live together, they have filed I.A. No.391of 2008
in Matrimonial Appeal No.456 of 2007 under Section 13B of the Hindu
Marriage Act, 1955. In the background of the fact that the marriage took
place on 16.3.2003 and that the parties have been living separately for
Mat. Appeal No.456/2007
& Connected Cases. 2
over three years, we are of the view that further lie over period is not
necessary. Accordingly, we allow I.A. No. 391of 2008. The marriage
between Sri. Sujith V. and Dhanya, the parties to these cases is dissolved
by a decree of divorce by mutual consent. As part of the settlement of the
remaining disputes, learned counsel appearing for Sri. Sujith has handed
over a Fixed Deposit Receipt for Rs.2,00,000/- of Bank of India, Calicut
Branch in favour of Dhyan Dev Sujith which has been duly acknowledged
by the learned counsel appearing for Dhanya. The maturity value of the
deposit is Rs.7,60,000/- and the date of maturity is 27.2.2023. It is made
clear that in the event of any unforeseen financial difficulties being faced
by Smt. Dhanya, it will be open to her to approach this Court for
withdrawal of the amount out of the fixed deposit.
2. Sri. Sujith will continue to pay at the rate of Rs.1000/- per month
to Smt. Dhanya towards maintenance of their minor son till he attains the
age of majority. It is also agreed between the parties that they have no
other claim for maintenance, either past or future alimony, other than what
is stated and recorded in this judgment.
3. Since the parties have thus settled the disputes amicably between
Mat. Appeal No.456/2007
& Connected Cases. 3
them, we do not think it necessary to pursue the criminal case pending
before the Judicial First Class Magistrate’s Court, Vatakara as C.C. No.350
of 2005. Therefore, we quash the proceedings in the above Calendar Case.
4. We record our appreciation and co-operation extended by the
learned counsel appearing for the parties and the effort taken by Adv. Sri.
Sreelal Warrier for mediation. Since considerable time and efforts were
taken by the mediator, we are of the view that the mediator should be
reasonably remunerated. The parties shall pay Rs.5,000/- each to the
learned mediator within one month from today.
The Matrimonial Appeals and the revision are disposed of as above.
(KURIAN JOSEPH, JUDGE)
(HARUN-UL-RASHID, JUDGE)
sp/
Mat. Appeal No.456/2007
& Connected Cases. 4
KURAIN JOSEPH &
HAURN-UL-RASHID, JJ
MAT. APPEAL NOS.456 &
457/ 2007 &
R.P.(F.C.) NO.357/2007
JUDGMENT
28TH FEBRUARY, 2008