JALAJAMONY Vs. JAYALEKSHMI

JUDGEMENT

(1.) AS the issues raised in both these proceedings are integrally connected, we are proceeding to dispose of these matters by this common judgment/order.

(2.) MAT.A.No.248 of 2009: This appeal is directed against the order dated 24th January, 2009 passed by the Family Court, Thiruvananthapuram in OP.No.1462 of 2003. This case has had a checkered career. At long last, the parties have now settled their disputes amicably. I.A.No.26101 of 2010 is the joint compromise petition filed by contestants. The terms of their settlement have been enumerated in detail in the joint compromise petition. The matrimonial dispute was also settled and a joint application for divorce by mutual consent under Section 13 B of the Hindu Marriage Act was also filed.

(3.) OP(F.C) No.360 of 2010: This petition has come up now for disposal along with Mat. A.No.248 of 2009. This petition was initially filed by the petitioner herein before the Family Court, Kottarakkara as OP(HMA) No.1095/2009 claiming declaration that marriage between him and the 1st respondent wife is null and void. During the pendency of Mat.A.No.248/2009, as requested by all concerned, this OP(FC) was called to this Court. It was initially renumbered as Mat.A.No.680/2010 and was subsequently renumbered as OP(FC)No.360/2010. In this petition the petitioner had claimed divorce against the 1st respondent. The disputes between all the parties to Mat.A.No.248 of 2009 was settled and accordingly I.A.No.2611/2010 has been filed by the parties claiming divorce by mutual consent under Section 13B of the Hindu Marriage Act. The petitioner now accepts the validity of his marriage with the 1st respondent. The terms of the settlement between them have been reported to this Court vide I.A.No.2610/2010 in Mat.A.No.248/2009. Those conditions have been reiterated in I.A.No.2611/2010 filed by the parties under Section 13 B of the Hindu Marriage Act. That petition was filed on 11.10.2010. It was posted thereafter to a day after re-opening of the courts i.e., after elapse of period of six months.