High Court Kerala High Court

Mary Aged 59 Years vs Jose on 28 May, 2008

Kerala High Court
Mary Aged 59 Years vs Jose on 28 May, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 13923 of 2008(S)


1. MARY AGED 59 YEARS,D/O.RAPPAI,
                      ...  Petitioner

                        Vs



1. JOSE,AGED 60,S/O.ANTONY,
                       ...       Respondent

                For Petitioner  :SRI.E.C.POULOSE

                For Respondent  :SRI.JACOB CHACKO

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

 Dated :28/05/2008

 O R D E R
                KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
                        ------------------------------------------
                         W.P.(C) No. 13923 of 2008
                       -------------------------------------------
                       Dated this the day of May 2008

                                    JUDGMENT

Harun-Ul-Rashid,J

This writ petition is filed by the petitioner/wife seeking to quash

Ext.P2 and P4 orders passed by the Family Court, Thrissur and also to

stay the execution proceedings in E.P No. 13/2007 in O.P 1059/2005 on

the file of the Family Court, Thrissur

2. O.P 1059/2005 was filed by the respondent/husband before

the Family Court, Thrissur for decree of divorce and permanent

prohibitory injunction. The counsel for the petitioner submitted before us

that the case was decided as exparte and execution proceedings are

pending as E.P 13/2007 . The petitioner filed Mat. Appeal No. 257 /2008

for setting aside the exparte decree in O.P 1059/2005 and the same is

pending before this Court. Therefore the petitioner filed I.As for

appropriate reliefs which are dismissed by the execution court vide Ext. P2

& P4 orders.

3. We have appointed Advocate Sri.M.S. Narayanan as

conciliator. The learned conciliator and this Court had held detailed

discussions with the parties. We are happy to note that the parties have

W.P.(C) No. 13923 of 2008 -2-

decided to settle the disputes between them. The parties filed a joint

petition dated 28.5.2008 incorporating the terms of compromise and prayed

for passing an order in terms of the compromise. The parties have also

decided to withdraw all the cases filed against each other which are

pending in different courts. The compromise petition is allowed and the

terms of compromise stated in the compromise petition filed as I.A.

6504/2008 shall form part of this judgment. The writ petition is disposed of

in terms of the compromise petition.

KURIAN JOSEPH, JUDGE

HARUN-UL-RASHID, JUDGE

es