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Titus Mathew vs Lincy Eipe on 19 March, 2008

Kerala High Court
Titus Mathew vs Lincy Eipe on 19 March, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Mat Appeal No. 437 of 2007()


1. TITUS MATHEW,
                      ...  Petitioner

                        Vs



1. LINCY EIPE, AGED 26 YEARS,
                       ...       Respondent

2. MON MATHEW TITUS,

                For Petitioner  :SRI.V.PHILIP MATHEW

                For Respondent  :SRI.BINU PAUL

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

 Dated :19/03/2008

 O R D E R
             KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
            ----------------------------------------------------------------
                     MAT. APPEAL NO. 437 OF 2007
            ----------------------------------------------------------------

                    Dated this the 19th day of March, 2008

                                   JUDGMENT

Kurian Joseph, J.

This is an appeal at the instance of the second respondent in O.P.

No.139 of 2006 on the file of the Family Court, Thiruvalla. The second

respondent is the father of the first respondent and the first respondent is

the husband of the petitioner therein. The petition was one for recovery of

patrimony and return of gold ornaments. The suit was decreed and hence,

the appeal at the instance of the second respondent/father-in-law.

2. During the pendency of the appeal, it is reported that wisdom has

dawned on the parties owing to the intervention of well meaning friends

including counsel appearing on both sides, on account of which they have

decided to forget the past and forgive each other, to patch up their

disputes and to have a happy reunion. It is submitted that the respondents

herein have resumed their normal relationship as husband and wife. In the

background of such happy reconciliation and reunion, the parties have

filed a petition under Order XXIII C.P.C. as I.A. No.756 of 2008 stating

Mat.Appeal No.437/2007 2

the terms of compromise. The terms of compromise are recorded.

In view of the compromise as above, this appeal is disposed of with

the following direction:

i) The patrimony and gold ornaments as
decreed in O.P.No. No.139 of 2006 on the file of
the Family Court, Thiruvalla shall be held in
custody of the appellant and second respondent in
the appeal as trustees.

ii) Since the parties have patched up their
disputes, it is not necessary to continue the
criminal prosecution launched under Section 498
A I.P.C.. Therefore, the proceedings in Crime
No.257 of 2005 of Aranmula Police Station
which is pending before the Judicial First Class
Magistrate’s Court, Pathanamthitta as L.P. No.24
of 2008 are quashed.

iii) I.A. No.756 of 2008 will form part of
the decree.

(KURIAN JOSEPH, JUDGE)

(HARUN-UL-RASHID, JUDGE)

sp/

Mat.Appeal No.437/2007 3

KURAIN JOSEPH &
HAURN-UL-RASHID, JJ.

L.A.A. NO

JUDGMENT

19TH MARCH, 2008

Mat.Appeal No.437/2007 4

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