(1.) Heard both sides. By consent of both parties namely, the appellant and respondent, who are present in court at the time of hearing, the matter was taken up and order is passed.
(2.) M.F.A. No. 944 of 1995 was filed by the appellant (wife) against the judgment dated 28.6.1995 of the Family Court, Thiruvananthapuram in OP (HMA) 237/92 under Section 19 of the Family Courts Act. The said Original Petition was filed for restitution of conjugal rights. The Family Court on the basis of the oral and documentary evidence came to the conclusion that the husband is justified in living separately from the wife and therefore, the wife is entitled to get a decree of restitution of conjugal rights. In the result the Original Petition was dismissed.
(3.) The appeal was taken on file by this court on 28.7.95. When the appeal was posted on 11.12.97, both the parties and their respective counsel represent that the parties have decided to compromise as suggested by the elders, relatives and well wishers to avoid prolongation of the agony and give a quietus to the litigation which is pending for the last few years! Both the parties again appeared before us on 16.12.97. After due deliberations and discussions both the parties have agreed to file a memo of compromise duly signed by them and also their counsel setting their claim against each other.