IN THE HIGH COURT OF KERALA AT ERNAKULAM
Mat.Appeal.No. 721 of 2007()
1. P.B.PRAKASH, S/O.BALAKRISHNAN, AGED 42,
... Petitioner
Vs
1. USHA, D/O.KRISHNA MOORTHY, AGED 34,
... Respondent
For Petitioner :SRI.K.JAYAKUMAR
For Respondent :SRI.T.K.ANANDA PADMANABHAN
The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :29/07/2008
O R D E R
KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
-----------------------------------------
Mat.Appeal Nos.721 & 722 of 2007
-----------------------------------------
Dated this the 29th day of July, 2008
JUDGMENT
Kurian Joseph,J.
The former is filed against the judgment and decree in
O.P.No.761/2005 on the file of the Family Court, Trivandrum and
the latter against the judgment and decree in O.P.No.429/2005
on the file of the said court. O.P.No.761/2005 was filed under
Sections 6, 7 and 8 of the Guardian and Wards Act, 1890 read
with Section 7 of the Family Courts Act, 1984 for declaring the
appellant herein as the guardian of the minor child Kavya.
O.P.No.429/2005 was filed under Section 13 of the Hindu
Marriage Act, 1955 for a decree of divorce on the ground of
cruelty. During the pendency of the appeals the parties have
arrived at a settlement, deciding to part as friends. The marriage
was on 5-4-1995 and the child Kavya was born on 1-4-1996.
The appellant has filed an affidavit dated 24-7-2008 in terms of
the understanding between the parties, in addition to the terms
of settlement as stated in the petition under Section 13B of the
Mat.Appeal Nos.721 & 722 of 2007
-:2:-
Hindu Marriage Act, 1955. Paragraph 2 of the affidavit dated
24-7-2008 reads as follows:-
2. A joint petition is being filed in the above
matter. I also undertake that I shall transfer my
residential flat bearing Flat No.3C, Revathy Court
Apartments, Deshabhimani Road, Kaloor, Kochi in
favour of my daughter Kavya Prakash at the time of her
marriage. I shall also gift her 50 sovereigns of gold at
the time of her marriage. I shall make a fixed deposit of
Rs.2 lakhs for 6 years in favour of my daughter Kavya
Prakash for her higher education purposes on or before
10th August 2008. The said FD receipt shall be handed
over to the respondent. I shall also stand as a
guarantor for any educational loan that may be availed
by Kavya for her higher education. Over and above the
terms of the joint petition and the terms of this affidavit,
if Kavya seeks the need for any additional financial
requirement, I shall consider the same appropriately at
that time.”
The above undertaking is recorded.
2. I.A.No.1925/2008 is an application filed under Section
13B of the Hindu Marriage Act, 1955. Various terms of
compromise regarding custody, visitorial rights, maintenance are
also stated in the petition. We are satisfied that there is no
collusion between the parties and that in the background of the
litigation between the parties a further lie over period is not
necessary. Accordingly the marriage between the appellant and
respondent is dissolved by a decree of divorce on mutual
consent.
Mat.Appeal Nos.721 & 722 of 2007
-:3:-
3. Resultantly the judgment and decree in
O.P.No.429/2005 on the file of the Family Court, Trivandrum is
set aside. The judgment and orders in O.P.No.761/2005 and
M.C.No.166/2005 on the file of the Family Court, Trivandrum will
stand confirmed subject to the modifications set out in
I.A.No.1925/2008. I.A.No.1925/2008 will form part of the
decree.
The Mat.Appeals are disposed of as above.
(KURIAN JOSEPH, JUDGE)
(HARUN-UL-RASHID, JUDGE)
ahg.
KURIAN JOSEPH &
HARUN-UL-RASHID, JJ.
—————————
Mat.Appeal Nos.721 &
722 of 2007
—————————-
JUDGMENT
29th July, 2008