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
-2-
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
-3-
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.