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Mr.G.Harikrishnan vs Mrs.Nimi Nair on 22 September, 2008

Kerala High Court
Mr.G.Harikrishnan vs Mrs.Nimi Nair on 22 September, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Mat.Appeal.No. 642 of 2008(B)


1. MR.G.HARIKRISHNAN, AGED 30 YEARS,
                      ...  Petitioner
2. N.GOPALAKRISHNAN NAIR, AGED 60 YEARS,
3. S.SARADA DEVI @ SUBHA GOPALAKRISHNAN,

                        Vs



1. MRS.NIMI NAIR, KOSIATH HOUSE,
                       ...       Respondent

                For Petitioner  :SRI.P.SANJAY

                For Respondent  :SRI.K.RAJESH KANNAN(CAVEATOR)

The Hon'ble MR. Justice P.R.RAMAN
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

 Dated :22/09/2008

 O R D E R
                            P.R.RAMAN &
                  T.R.RAMACHANDRAN NAIR,JJ.
             -------------------------------
                     I.A.NO.2514 OF 2008 &
                MAT APPEAL NO.642 OF 2008 &
              CAVEAT PETITION NO.663 OF 2008
             --------------------------------
             Dated this the 22nd day of September, 2008

                             JUDGMENT

Raman,J.

First appellant is the husband. Respondent herein is the wife.

The challenge is against the judgment in O.P.No.4/2007 of the

Family Court, Thiruvalla. That O.P. was filed by the wife for

return of gold ornaments, movables and money said to have been

paid in connection with the marriage. The Family Court partly

allowed the claim against which this appeal is preferred. During

the pendency of the appeal, on the advice of of the respective

counsel, the parties were able to amicably settle the dispute and had

entered into a compromise, the terms of which are reduced in

writing and filed before this Court as per the above I.A. The same

is recorded. Since both the husband and wife have agreed to

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MAT APPEALNo.642/2008

dissolve the marriage on mutual consent and agreed to file an

application under Section 13 of the Hindu Marriage Act, such

application shall be filed before the appropriate Family Court on

24/9/2008. We have already recorded in the previous order that the

parties had appeared and agreed to file compromise petition and it

is pursuant to that the present application is filed. Accordingly, we

direct the Family Court to take up for consideration the joint

petition filed under Section 13B of the Hindu Marriage Act

preferably on the same day and dispose of the same in accordance

with law.

2. Since we have already recorded the compromise, both the

parties shall comply with the terms and the Family Court may,

before passing orders on the joint petition, record satisfaction of the

compromise between the parties. For the limited purpose of

enabling the Family Court to take up for consideration the joint

petition filed by the parties and to work out the settlement, we set

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MAT APPEALNo.642/2008

aside the order impugned in this appeal.

Writ Petition is disposed of as above.

P.R.RAMAN,
Judge.

T.R.RAMACHANDRAN NAIR,
Judge.

kcv.

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