IN THE RIGH COURT OF KERALA AT ESNARULAN PRESENT ERE HONQURABLE MR. JUSTICE A. MURAMED MUSTAOUR & THE HONOURABLE MRS. JUSTICE SOPRY THOMAS FRIDAY, tHe 26"" DAY OF AUGUST 2022 / 4TH BRADRA, 1944 OP 2217/2017 OF THE FAMILY COURT, THRISSUR ARERLLANTS / RESPONDENTS :
3 PRASANTH .
AGED 31 YEARS, &/O SIVAPRASAD, PRASANTS NIVAS, MUPPATHADAM B.O., PARAVUR TALUK, ERNARULAM DISTRICT-~883 Lig.
a SANTHA , AGED 50 YEARS, W/O SIVAPRASAD, PRASANTR NIVAS, MUPPATHADAM P.O. , BARAVUR TALUR, ERNAKULAN DISTRICT-~883 110.
BY ADVS.
NE. SUBRAMANTAN B.A. EASWAR PRASAD ABRARAM MATHAN ARVINE ATAYEUMAR RESPONDENT / PRET TIONER :
SANGERTRA B.D. , W/O PRASANTR, KUTRENAN ROUSE, BURANATTUKARA P.O. , THRISSUR TALUK, THRISSUR DISTRICT-~880 581.
SRIS MATRIMONTAL APPEAL HAVING BEEN FINALLY HEARD on 26.08.2022, ALONG WITH OF (5).123/2022 AND CONNECTED CASES, THR COURT ON THE SAME DAY DELIVERED TRE FOLLOWING:
Mat. Appeal Na. S49 of 3421, RPCFOING. 213 of 2021 & OPCFC} Na. 123 of 2022 food IN THE HIGH COURT OF EERALA AT ERNANULAM BRSSENT SRE RONQURABLE MB. JUSTICE A. MUHBMED MUSTAQUE & THE HONOURABLE MRS. JUSTICE SOPREY THOMAS pRinay, tux 26"* pay op aANGUST 2022 / 4TH BHADRA, 1944 REEC NO. 218 OFF 202) MO 241 2017 OF THE FANTILY COURT, THRISSUR REVISION PETITIONER 'RESPONDENT -
PRASANTSH €.8., AGED 31 YRARS, S/O. SIVAPRASAD, PRASANTH NIVAS, MUPPATHADAN PG... PARAVOR TALUS, ERNAROLAM DISTRICT~S8S 110.
BY ADVS.
NER. SUBRAMANIAN S.A. BASWAR PRASAD ABRAHAM NATHAN ARVIND ATAYRONAS x SANGESTHA RB. , W/O PRASANTH, RUTHENMAN HOUSE, PURANATTURARA Pc. , TRATSSUR TALURK, THRISSUR DISTRICT-880. $51.
2 MINOR PRATHYUSIRR, AGED 5 YEARS, REPRESENTED BY GUARDIAN AND 18° RESPONDENT SANGENTHA.&.5., ROTHRNAN HOUSE, BURANATYTURARA P.O., THRISSUR TALUK, TARTASUR BISTRICT-G85 852.
BY ADYS.
0. A. NURTYA ANAND BB. MENON PATRIMA VLR.
RASNA T.Y ERIS REV. SEYTEEION (FRMELY COURS) SAYING COME US FUR ADMINS Ire ON 26.08.2022, ALONG WITH OF (FC) 1248/2622 AND CONNECTED CASES. THE courT ON TRE SAME DAY DELIVERED THE FOLLONING:
MatAppeal Na. 547 of 2021, RPLFCING. 213 of 2031 & 3 OPPO} Novi gs of 2023 IN THE RIGH COURT OF KERALA AT ERNARITLAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MRS. JUSTICE SOPHY THOMAS BRIDAY, THE 26"" DAY OF AUGUST 2022 / 4TH BHADRA, 1944 GP FC} NO. 323 OF 2622 OF NO. 142 /2022 OF THE FAMILY COURT, THRISsTR RECITIONER » BRASANTR , AGED 35 YEARS, S/O. SIVAPRASAD, PRASANTH NIVAS, MUSPATHADAN Po, BARAVUR TALUK, ERNARULAM [email protected] 110.
BY ANY MINTY CHERIYVAN RESPONDENT :
SANGEETSA KD, W/O. PRASANTH, KUTHENAN HOUSE, PURANATTURRARA B.O, THRISSUR TALUR-S86581 .
BY ASYS.
G.A.NURTIYA NEEBIL NIZAR (R/787 /2014} ANAND B. MENON (K/000484/2018) PASRA TY (R/O01248 /2021) THIS REV. PETITION (PAMILY COURT) HAVING CONE UP FOR ADMISSION ON 26.08.2022, ALONG WITR MAT APPEAY,. Ba7/2021 AND CONNECTED CASES, (HE COURT OW TRE SAME DAY RELIVERED THE FOLLOWING :
Mat Appeal No. Sa? of 2021, RP(FOING. 213 of 2021 & 4 OPPO) No.i23 of 2022 The dispute In these proceedings are based on matrimonial issues between husband and wife. Pending proceedings, they were referred for mediation. They amicably settled their disputes if mediation, and entered inte a Medilatian Agreement and the same is on beard along with the Report of the Mediator The husband deposited Rs.9,00,000/- (Rupees Nine Lakh only} in the Post Office Savings Account for a period of 5 years in the name of the minor child barn in their wedlock. Parties agreed that the Post Office Savings Account will be renewed from time to time til the chic attains majority. The husband agreed that Rs.2,74,000/- (Rupses Two Lakh Seventy Four Thousand only} deposited by him before the Family Court, Thrissur pursuant to order in Mat.Appeal No. 547 of 2022 along with Interest if any accrued thereon shall be released to the wife as full and final setiiement of her monetary claims in O.PNo. 2217 af ZOL?.
2. The parties have agreed ta dissolve their marriage on Mat.Appeal No. S47 of 2031, RA(FONG. 225 of 2021 & 5 OP{FC} No. 123 of 20232 mutual consent and they fled I.A.No.1 of 20223 in OPCPOING 123 of 2022 for dissolution of marriage on mutual consent under Section 138 of the Hindu Marriage Act, 1955 read with Section 7 of the Family Court Act, 1984,
4. Parties are present before us, Both of them expressed their intention to dissolve their marriage on mutual consent as both of therm realise that there is no chance for a reunion. They are firm in their decision to separate. So, this Court is inclined to dissolve their marriage solernnised on 29.01.2012, on mutual consent. O.P No.id2 of 2022 filed by the husband is pending before the Family Court, Thrissur. Registry shall forward, copy of the mediation agreement along with 1.A.No.i of 20223 to the Family Court, Thrissur to pass a formal decree of divarce on mutual consent, 4, Recording the compromise and our order in LA.No.1 of 2022, the Family Court, Thrissur is directed to pass a farmal decree of divorce on mutual consent, within a period of three weeks without insisting further appearance of the parties.
Mat.Apneal No. S47 of 2021, RPLIFCING. 213 of 2021 & 6 OP(FC} No.1 23 of 2022 5S. The Mediation Agreement is recorded and it will form part of the decree superseding the orders and judgment impugned. The parties will be governed by the terms of the settlement, in custedy and other related' matters which they have already settled,
6. Accordingly, Mat.Appeal No.547 of 2021, OP{FC)No.123 of 2022 and RP(FC}No.213 of 2021 are disposed of, in terms of the compromise.
In the light of the Mediation Agreement, the Farnily Court, Thrissur, shall close all the pending proceedings between the appellants and respondents.
sd/-
A.MUHAMED MUSTAQUE JUDGE Sd/-
SOPHY THOMAS JUDGE DOV 29. QE. 2082 BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM OP(FC) No.123 of 2022 Prasanth ; Petitioner Vs, Sangeetha K.D Respondent MEMORANDUM OF AGREEMENT UNDER SECTION 89 OF THE CODE OF CIVIL PROCEDURE READ WITH RULES 24 & "© 25 OF THE CIVIL PROCEDURE (ALTERNATIVE DISPUTE RESOLUTION), RULES, 2008:
Terms and conditions:
1. The parties agree that since their matrimonial discord has resulted in irretrievable break down of marriage, they are filing a joint petition for dissolution of marriage under Section 13 B of the Hindu Marriage Act, 1955.
2. The petitioner agrees that the term deposit receipt No.280604 for Rs.2,74,000/- (Rupees Two Lakh Seventy Four Thousand only) submitted in OP.No.2217/2017 before by the Family Court, Thrissur will be A, 3 if ee ;
eee 3 Ee com.
ae aS, wd am AT SN woRantrnsesrsenes e a Begala State Mec i -2- released and the proceedings including the interest accrued therein will be given to the respondent 'Sangeetha as the same is for the value of her gold ornaments. The respondent agrees to accept the said amount towards her entire claim in the OP.No.2217/2017.
3. The Petitioner agrees to deposit a total amount of Rs.9,00,000/- (Rupees Nine Lakh only) in the name of = the child bern in the Wedlock namely the Son Prathyujith EES aged 5 years as of now, for a period of 13 years. The deposit shall be made in Post Office Saving Account in the name of the child and the mother shall be the guardian for the same and the interest can be taken by the mother for the child's maintenance expenses. The same will be done within 3 months of today without failure. However, in case of delay the petitioner shall x have to pay interest at 9% per annum for the said amount for the default period which is agreed not to be beyond 6 months.
A Ware . vk AWS Slate & ALE Oy, Ba wo a ICEMGn aed -3- 4, it is agreed by both parties that the permanent custody of the child shall be with the mother and the father is given visitiorial rights for once in a weekend for the ensuing 3 months and thereafter twice in a weekend which is from 10.00 a.m on the 2™ and 4™ Saturdays and tH 3.00 p.m on the next Sundays. The child shall be taken from the Church near the mother's residence namely St.Joseph's Church, Amala Nagar and dropped back there as detailed above.
5. Petitioner is agreed to be given first 5 days custody during the Chiristmas and 2°° 5 days custody during Onam holidays and also custody for first half of the Vacation (Summer Vacation), [t is also agreed that the petitioner can talk to the child by Video Call on the Saturday Evenings at 7.00 p.m when ever the child Is & not in his custody and viceversa.
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6. It is agreed that all other proceeding pending before this Honourable Court namely RP(FC) No.213/2021 and "Mat Appeal No.547/2021 shall be withdrawn in terms of this settlement agreement. It is also agreed that the Divorce Petition in OPNo.142/2022 and G.OP No.2760/2021 pending before the Family Court, Thrissur s wil also be withdrawn in terms of this settlement agreement. E.P No.71/2021 pending before the Family Court, Thrissur shall be closed in terms of compliance of clause No.3 where by the entire proceedings of the Fixed Deposit receipt (erm Deposit) No.280604 dated 26/10/2021 of the Dhanalakshmi Bank, Palarivattom Branch in the name of the petitioner shall be released in favour of the respondent Sangeetha. The CMP pending © before the Family Court, Thrissur in MC.No.241/2017 also shall be closed and there shall be no further claims therein. The parties make it clear that they have no further claim against each other in any manner once the above terms are complied with.
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7. They also agree that they have no further complaints or cases filed against each other in the above issue, One Birth Certificate of the child will be given to the petitioner by the respondent. | Hence, It is humbly prayed that this Honourable Court may be pleased to record their compromise "agreement as part of this Honourable Court's Judgment in the interest of justice.
Dated this the 18" day of May, 2022.
Petitioner Respondent.
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- a oa : nes ae ' NY The iS my PO tt SANS at le 'os ee + oe ' SB : ae ~ ~ : i S uae . Fe a Y eA Ww x a} » ¥¢ oa a oy yey Nv? Oya wy ~ ot S te ; \ ENE wa Ye Counsel for the Petitioner Counsel for the Respondent b, Sind So sho ATEN Slate Mediation anol Canedfisdon Sanges A: 3 eee Migh Court of Kerala Kanhi «862 aa! Mat. Appeal No. S47 of 2021, RIXFCINS, 213 of FG21 & DOP(FO} Ne. i232 of 2022 ?
PETITIONER'S ANNEXURES -
Annexure Al TRUE COPY OF THE RECEIPT DATED 01.10.2021.
RESPONDENTS! ANNERURES - REL Mat Anpeal Na. 547 of 2021, RECFCING, 213 of 2021 & § OPLFO) Noi 23 of 2623 APPENDIX OF OF (86) 223 /20282 PETITIONER'S EXHIBITS ;
Exhibit Pl TRUE COPY OF THE MARRIAGE CERTIFICATES .
Exhibit Be TRUE COPY OF TRE COMMON ORDER IN O.P.NO.274a/2017, O.P Mo. 2217/2017 & M.C.No.24i OF 2017 DATED 13.04.2021 OF THE FAMILY COURT, THRISSUR .
Exhibit PB TRUS COPY OF THE O.8. NG. 2186 OF 2019 FILED BEFORE THE FPANILY COURT, THRISSUR.
Euhihbit P¢ TRUE COPY OF THE STATEMENT IN O.P. NO. 2186/2019 DATED 11.11.2021 FILED BY RESsONDEN?.
Exhibit BS TRUS COPY OF THE ORDER DATED 35.12.2021 OF op NO. 2166/2019 OF FAMILY COURT, THRISSUR IN RAY .BS.
Exhibit Fé TRUE COPY OF THE O.F. NO. 142 GF 2023 FILED BY PETITIONER BEFORE FAMILY COURT, THRISSUR.
Exhibit PB? ERUE COPY OF THE T.A. NO. 2 OF 2022 FILED BEFORE THE FAMILY COURT, THRISSUR DATED 42.01.2022 FOR SPREDY DISPOSAL OF EXT. BY.
RESPONDENT'S EXHIBITS : NIL