IN THE HIGH COURT OF KERALA AT ERNAKULAM
Mat.Appeal.No. 593 of 2007()
1. SIBI MATHEW, S/O.MATHEW MATHEW,
... Petitioner
Vs
1. SEBASTEENA, D/O.JOHN THOMAS @ KAKICHAN,
... Respondent
For Petitioner :SRI.C.RAJENDRAN
For Respondent :SRI.K.N.VENUGOPALA PANICKER
The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :23/07/2008
O R D E R
KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
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MAT. APPEAL NO. 593 OF 2007,
CRL.M.C. NO.3459 OF 2007 &
CRL.M.C. NO. 164 OF 2008
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Dated this the 23rd day of July, 2008
JUDGMENT
Harun-Ul-Rashid, J.
The appellant in Mat. Appeal No.593 of 2007 is the petitioner in
O.P. No. 498 of 2005 on the file of the Family Court, Kottayam at
Ettumanoor. The respondent is his wife. The said Original Petition was
filed by the husband for restitution of conjugal rights. The Family Court
by judgment dated 13.4.2007 dismissed the Original Petition without
prejudice to the right of the parties to agitate the question involved in the
case before the Family Court, Alappuzha where O.P.(Divorce) No.1232 of
2005 is pending in which the wife is the petitioner.
2. When the Matrimonial Appeal and the connected Criminal
Miscellaneous Cases were taken up for hearing, we directed the parties to
appear before us. Accordingly, the parties appeared before us on
18.7.2008. We talked to the parties extensively on that day. We also had
the assistance of the learned conciliator Adv. Smt. M.A. Zohara. After an
elaborate discussion, we are happy to note that the parties have arrived at a
Mat.Appeal No.593/07
Crl.M.C.Nos.3459/07 & 164/08 2
settlement. The appellant and respondent have mutually agreed to dissolve
their marriage which was solemnized on 15.5.2003. They have also agreed
to settle all the cases pending between them. Accordingly, the parties
have filed a compromise petition, I.A. No.1870 of 2008. The terms agreed
to by the parties are stipulated as Item Nos.1 to 9 in the compromise
petition. The terms of the compromise are recorded. The parties have also
filed a joint petition, I.A. No..1871 OF 2008 under Section 10 A of the
Indian Divorce Act for dissolution of marriage by mutual consent.
3. Considering the fact that the parties have agreed to settle the
disputes between them, I.A. No.1871 of 2008, the joint petition filed by
them under Section 10 A of the Indian Divorce Act for dissolution of
marriage by mutual consent is allowed. The marriage between the
appellant and the respondent is dissolved with effect from today. The
proceedings in C.C. No.132 of 2006 and C.C. No.578 of 2007 on the file
of the Judicial First Class Magistrate’s Court, Ambalapuzha shall stand
quashed. O.P.(Divorce) No.1232 of 2005 pending before the Family
Court, Alappuzha is struck off from the files of that court.
Mat. Appeal No.593 of 2007, Crl. M.C. No.3459 of 2007 and Crl.
Mat.Appeal No.593/07
Crl.M.C.Nos.3459/07 & 164/08 3
M.C. No.164 of 2008 are disposed of as above. I.A. No.1870 of 2008 shall
form part of the judgment. There will be no order as to costs.
(KURIAN JOSEPH, JUDGE)
(HARUN-UL-RASHID, JUDGE)
sp/
Mat.Appeal No.593/07
Crl.M.C.Nos.3459/07 & 164/08 4
KURIAN JOSEPH &
HAURN-UL-RASHID, JJ.
MAT. APPEAL NO.593/07
CRL.M.C.NOS.3459/07 &
164/2008
JUDGMENT
23rd July, 2008
Mat.Appeal No.593/07
Crl.M.C.Nos.3459/07 & 164/08 5