IN THE HIGH COURT OF KERALA AT ERNAKULAM
Mat.Appeal.No. 179 of 2004()
1. M.S. OMANAKUTTAN, AGED 48 YEARS,
... Petitioner
Vs
1. C.T. GIRIJAKUMARI, AGED 38 YEARS,
... Respondent
2. JOHN, PRINCIPAL, SHALOM PUBLIC SCHOOL,
For Petitioner :SRI.M.P.PRAKASH
For Respondent :SRI.V.PHILIP MATHEW
The Hon'ble MR. Justice R.BASANT
The Hon'ble MR. Justice M.L.JOSEPH FRANCIS
Dated :29/09/2010
O R D E R
R. BASANT &
M.L. JOSEPH FRANCIS, JJ.
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Mat.A.Nos. 179 & 180 of 2004
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Dated this the 29th day of September, 2010
JUDGMENT
Basant, J.
These appeals are preferred by the appellant/husband
against the common order passed by the Family Court,
Thiruvalla in O.P.Nos. 131 and 308 of 2003. O.P.No.308 of
2003 is a petition filed by the husband claiming divorce. That
petition stands dismissed by the impugned common order.
Against that Mat.A.No. 180 of 2004 has been filed by the
appellant.
2. Mat.A. 179 of 2004 is an appeal preferred against the
order in O.P. No. 131 of 2003. By the impugned order the
respondent/wife was appointed as Guardian of the two children
born in their wedlock.
3. While these appeals were pending, parties were referred
for mediation. The parties have settled their disputes on terms
Mat.A.Nos. 179 & 180 of 2004
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and conditions which are stipulated in the Memorandum of Mediation
Settlement dt. 23.1.2010 duly signed by the rival contestants and
counter signed by their counsel. That mediation settlement agreement
shall be appended to the appellate decree.
4. Learned counsel submit that in terms of the settlement the
spouses have resumed cohabitation and they are residing along with
their children. The father-in-law of the husband had agreed to make
payments to the husband and also to hand over certain gold ornaments.
It is submitted that the said condition has not been complied with so
far. Notwithstanding the non-compliance with the said condition, the
parties have settled all their outstanding disputes. The husband wants
to reserve his right to proceed against the father-in-law to enforce his
claims under the mediation settlement. However, both spouses are in
agreement that the proceedings need not continue and that these
appeals can be allowed and the respective petitioners can be permitted
to withdraw the Original Petitions filed by them before the court
below. We are satisfied that the said request of the parties can be
accepted.
Mat.A.Nos. 179 & 180 of 2004
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5. In the result:
a) These appeals are allowed.
b) The impugned orders are set aside.
c) The respective petitioners are permitted to withdraw O.P.No.
131 of 2003 and 308 of 2003 filed by them before the Family Court,
Thiruvalla as they have settled all their claims and there is no
acrimony between them now. Accordingly O.P.Nos. 131 and 308 of
2003 filed before the Family Court, Thiruvalla are hereby dismissed
as withdrawn.
d) Copies of the mediation settlement agreement dt. 23.1.2010
shall be appended to the appellate decree.
(R.BASANT)
Judge
(M.L. JOSEPH FRANCIS)
Judge
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