Abraham Thomas @ Tommy vs Abraham Thomas @ Tommy
2021 Latest Caselaw 455 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

             THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

                                &

              THE HONOURABLE MRS. JUSTICE SHIRCY V.

   WEDNESDAY, THE 06TH DAY OF JANUARY 2021 / 16TH POUSHA, 1942

                    Mat.Appeal.No.626 OF 2009

  AGAINST THE JUDGMENT DATED 13.1.2009 IN OP 385/2008 OF FAMILY
                  COURT, KOTTAYAM AT ETTUMANOOR


APPELLANT/RESPONDENT:

             ABRAHAM THOMAS @ TOMMY, AGED 46 YEARS
             S/O.THOMAS, MUKALEL HOUSE, KANJIRAPPALLY P.O.,,
             KOTTAYAM DISTRICT.

             BY ADV. SRI.JACOB E SIMON

RESPONDENT/PETITIONER:

             BINDU, AGED 41 YEARS,
             D/O.P.J.CHACKO, PANACKEZHAM HOUSE, PERANNA,,
             CHANGANACHERRY, NOW WORKING AT SWISS ATLIRA,
             DEVELOPMENT S-L.L., P.O.BOX 1910, ALMOAYYED, TOWER,
             2ND FLORE, SWITE 204, SEEF DISTRICT, KINGDOM OF
             BEHARIN

              BY ADV. SRI.GOKUL DAS V.V.H.
              BY ADV. SRI.M.P.MADHAVANKUTTY

     THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD             ON
06.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 Mat.A.No.626/2009
                                       2



                                  JUDGMENT

Dated this the 6th day of January, 2021

Shaffique, J

This appeal is filed against the judgment dated 13.01.2009 in

O.P.No.385/2008. By the impugned judgment, the Family Court had granted

a decree of divorce and the marriage between the couple has been

dissolved.

2. Learned counsel on either side submits that the parties have

mutually settled the matter out of court and decided to live together.

3. In the light of the subsequent events, we are of the view that the

judgment of the Family Court requires to the set aside in order to comply

with the settlement arrived at. At a later stage, if the settlement does not

work out, it is open for the parties to approach the Family Court.

Hence we set aside the judgment of the Family Court and the

Mat.Appeal stands allowed.

Sd/-

A.M.SHAFFIQUE

JUDGE

Sd/-

SHIRCY V.

kp                  True copy                         JUDGE
                      P.A. To Judge