IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &

THE HONOURABLE MRS. JUSTICE SOPHY THOMAS WEDNESDAY, THE 23^RD DAY OF FEBRUARY 2022 / 4TH PHALGUNA, 1943 OP (FC) NO. 71 OF 2022 AGAINST THE JUDGMENT IN OP 30/2020 OF FAMILY COURT, KOTTAYAM PETITIONER:

PINKU KURIAKOSE, AGED 28 YEARS, S/O. LATE KURIAKOSE, PUTHUPARAMBIL HOUSE, DEVAGIRI P.O, KANGAZHA, KOTTAYAM DISTRICT, PIN – 686 555.

BY ADVS.

ALEX.M.SCARIA A.J.RIYAS SARITHA THOMAS BEAS K.PONNAPPAN RESPONDENTS:

1 GRACE SAMUEL, AGED 25 YEARS, D/O. GEORGE SAMUEL, CHELLIYIL HOUSE, NALKALIKKAL P.O, ARANMULA, PATHANAMTHITTA DISTRICT, PIN - 689533.

2 ADDL. R2: THE BRANCH MANAGER OF SBI, KANGAZHA BRANCH (DEVAGIRI), KOTTAYAM DISTRICT.

ADDL. R2 SUO MOTU IMPLEADED AS PER ORDER DATED 15/02/2022 IN OP(FC).71/2022.

BY ADVS.

RAJEEV V.KURUP SHRI.JITHESH MENON, SC, SBI THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON 23.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

J U D G M E N T A. Muhamed Mustaque, J This original petition was filed by the petitioner-Pinku Kuriakose, the husband of the respondent. He approached this Court as there was considerable delay in disposing the cases between the parties pending before the Family Court, Ettumanoor. As evident from Ext.P2, it is seen that the parties have arrived at a settlement in mediation before the District Mediation Center, Kottayam.

2. In the mediation agreement, it was agreed that the husband would pay a sum of Rs.29 Lakhs together with 9 % interest to the respondent-wife. It was also agreed that the gold ornaments kept in the locker of 2^nd respondent Bank, which stood in the name of the petitioner, respondent and the mother of the petitioner, be handed over to the respondent on the date on which she gives testimony in the joint petition for divorce before the Family Court.

3. On 16.02.2022, we passed the following order:

Sri. Jithesh Menon, Standing Counsel , takes notice for the 2nd respondent.

Learned Standing Counsel is directed to get instructions as to the amount lying in the FD in the joint name of both parties and also directed to get instructions whether anyone has operated the joint locker after 9.01.2020.

4. The learned counsel for the Bank, Sri. Jithesh Menon submits that the Fixed Deposit for Rs.15,00,000/- and Rs.17,38,259.25/- in the Savings Bank Account stand in the name of the petitioner and the respondent. It is also submitted that the joint locker remains intact and no one has operated it after 9.01.2020. The parties have verified the gold ornaments and satisfied with the quantum and nature of the gold ornaments lying in the joint locker as on 9.01.2020 the date on which the mediation agreement has been arrived at.

5. We directed the parties to appear before this Court through video conferencing. The petitioner is residing at Saudi Arabia and the respondent is residing at Newzealand. The petitioner’s mother, Valsamma Kuriakose is also present before this Court through video conferencing. Sri.Alex M. Scaria, the learned counsel appearing for the petitioner and Sri. Rajeev V. Kurup, the learned counsel appearing for the respondent identified the parties.

6. The mother of the petitioner, Valsamma Kuriakose submits that she has no objection in converting the joint locker to the sole name of the respondent-Grace Samuel. The petitioner also submits that he has no objection in converting the joint locker as well as the amount in the Fixed Deposit and in the Savings Bank Account which stands in the joint name of the petitioner and the respondent, to the sole name of the respondent, Grace Samuel.

7. The petitioner and the respondent are firm in their decision for mutual divorce. The parties are living separately since April 2017. We are of the view that their intention to separate is bona fide. They have also filed a joint petition for divorce invoking Sec.10A of the Divorce Act on 9.01.2020. In view of the above facts and circumstances, we are of the view that divorce can be granted. Accordi