High Court Kerala High Court

George Joseph vs Sini Thomas on 25 May, 2009

Kerala High Court
George Joseph vs Sini Thomas on 25 May, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Mat.Appeal.No. 701 of 2007()


1. GEORGE JOSEPH, AGED 39 YEARS,
                      ...  Petitioner

                        Vs



1. SINI THOMAS, AGED 31 YEARS,
                       ...       Respondent

2. TANIYA (MINOR), D/O. GEORGE,

                For Petitioner  :SMT.DIJI.K.DASAN

                For Respondent  :SRI.K.M.FIROZ

The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice HARUN-UL-RASHID

 Dated :25/05/2009

 O R D E R
                       KURIAN JOSEPH &
                      HARUN-UL-RASHID,JJ.
             -------------------------------
             MAT. APPEAL NOS. 701 & 708 OF 2007 &
                I.A.NOS.1255 & 1256 OF 2009
             -------------------------------
                Dated this the 25th day of May, 2009

                            JUDGMENT

Harun-Ul-Rashid,J.

The above appeals are directed against the judgment and

decree in O.P.Nos.307/1992 and 991/2002 on the file of the

Family Court, Ernakulam. O.P.No.991/2002 was filed by the

husband for dissolution of the marriage. The connected

O.Ps.307/2002 and 939/2003 were filed by the wife for

maintenance of herself and the child and for recovery of money

respectively.

2. The Family Court, Ernakulam dismissed O.P.No.991/2001

filed by the husband. O.P.No.307/2002 & 939/2003 were allowed

in part.

3. When the matter was taken up for final hearing, we had

directed the parties to appear before us. Accordingly, the parties

-2-
Mat.Appeal .Nos.701 & 708 /2007 &
I.A.Nos.1255 & 1256/09

appeared before us on several occasions. We have interacted with

them directly and through the Mediator. Finally, the parties agreed

to settle the disputes between them. Accordingly, they filed a joint

application, I.A.No.1256/2009 in Mat. Appeal No.708/2007

requesting this Court to pass a decree for divorce by mutual

consent. A compromise petition was filed as I.A.No.1255/09 for

recording the compromise in respect of maintenance to the child.

4. Parties are living separately for more than 8 years. We are

convinced that there is no possibility of the parties living together

again. On the facts and circumstances of the case and on

continuous interaction with the parties, we are satisfied that the

marriage between the parties has irretrievably broken down. In the

circumstances, there is no necessity for the parties to wait, till the

expiry of the lie over period. Hence, the lie over period is waived.

5. In the result, I.A.No.1256/09 is allowed and a decree of

divorce by mutual consent is passed with effect from today. The

-3-
Mat.Appeal .Nos.701 & 708 /2007 &
I.A.Nos.1255 & 1256/09

terms of compromise recorded in I.A.No.1255/09 shall form part of

this judgment. It is made clear that the maintenance amount as

agreed between the parties shall be paid as per the terms of

settlement. In case the maintenance amount is not paid, the lst

respondent is entitled to recover the amount on behalf of the child

through court in accordance with law.

Mat. Appeals are disposed of as above.

KURIAN JOSEPH,
Judge.

HARUN-UL-RASHID,
Judge.

kcv.