JEN RE HIGH ComT oF m±±z± AT Emm~
?-RISE_Ni
TEE HONOURABLE MRS. JUSTICE ANU SIVAJRAIEN
TUESDAY_, THE 14TH DAY OF JUNE 2022 ./ 24TH JYAISHTA., 1944
EE±tc}_ _.N_Q._6299 0F 2_Q22
RETITlorm :-
PRAMOD B.S..; AGED 38 YEARS
s/O. LATE MOHAm4ED BASHEER, REslDING AT HENADALE,
KUDAV00R VIIjljAGE, VARKAljA, MARUTHIKKUNNU P.O,
NAVAIKULAM, THIRUVANANTHAPURAM -695 603.
BY ADVS.
T.C.SURESH MENON
a . DEEPAK
RESPCINDENTS :-
THE STATION HOUSE OFFICER
KALLAMBALAM POLICE STATION, KALLAMBALAM P.O,
THIRUVANANTHAPURAM, PIN -695 605.
SHAJAHEN
S`/O. ASANARU KUNJU, RESIDING AT S.S. ENZIL
MUKKUKADA, MARUTHIKKUNNU P. O, NAVAIKULAM,
THIRUVANANTHAPURAM -695 603.
SHERIN S
t>/o. SHAIAmN~, REsllmJG AT. s.S. -pin:rrzn, -Fm]KKURADIA,
MARUTHIKKUNNU P.O, NAVAIKULAM,
THIRUVANANTHAPURAM -695 603.
BY ADVS.
R . N . SANDEEP
KEERTHI VIJAYAN(K/2292/2019)
BY SRI.T.K.SHAJAHEN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 14.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING :
WP(C) NO.6299 0F 2022
-: 2 :-
I_UDGMENI
Dfatod this the 14th day of __Tune, 2q22
It is submitted by the leaned counsel appearing on either
side that the matter has been settled; The report of the mediator is
also made available along with a memorandum of agreement
entered into between the parties.
In the above view of the matter, this writ petition is
€-lesed according -to -the seifemen-t ente-red -i-nto ke-tREun -the
parties. The report of the mediator and the memorandum of
settlement shall form part of the judgment. The parties shall abide
by the same;
Sd/-
AND SIVARAMAN
JUDGE
jvt/15.6.2022
WP(C) NO.6299 0F 2022
-: 3 :-
±PPENDIX OF WP(C) 6299/2|P±±
PETITIONER EXHIBITS
Exhibit PI TRUE COPY OF THE REQUEST PREFERRED BY THE
PETITIONER BEFORE THE IST RESPONDENT, DATED
16 . 02 . 2022 .
Exhibit p2 TRUE COPY OF THE ACENOWLEDGMENT ISSUED BY THE IST RESPONDENT, DATED 16.02.2022.
RESPONDENT EXHIBITS Exhibit R3(a) TRUE COPY 0F THE INTrERIM INJUNCTION ORDER IN O.P.No.1910F 2022 DATED 5.2.2022.
Exhibit R3(b) TRUE copy OF THE AGREEMENT rmE DATED 30/01/2021 MADE BETWEEN THE PETITIONER AND THE 3RD RESPONDENT.
Exhibit R3(c) TRUE COPY OF THE RATION CARD OF THE THIRD RES PONDENT .
Exhibit R3{d) TRUE COPY OF THE ADVERTISEMENT DATED 24/01/2022 IN PETITIONER'S FACE BOOK PAGE ''P . No b68122-
•.,` _-`-/ 633114 No. /2022. Mediation Sub Centre, Attingal, Dated;;3?6,-.-2022. ~ ,`\:
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From
96 Jb" 2pe
The Convenor,
Mediation Sub Centre,
Attingal.
TO
The Hon'ble Registrar (Judicial), Hon'ble High Court of Kerala, Ernakulam- 682 031 •t,` Sir, Sub:-Submitting the Mediation report in WPC No. 6299/22 (J) reg: Ref:-Order in WPC No. 6299/22 (J) dated 18.03.2022 As per the reference cited, I am humbly submitting the mediation report in WPC No. 6299/22 (J) for further action. The mentioned case is settled in mediation.
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Referral Order Sl. No. 169/2022 W_PC N.o. 6299/2022 (I+ •'' J `i \ Peti`tioner Pramod. B.S, aged 38 years, S/o Late Muhammed" ' Basheer, Henadale, Kudavoor Village, Varkala, Maruthikunnu, PO, Navaikulam, Thiruvananthapuram
- 695 603 Respondents: 1) The station House officer, Kallambalam police Station, Kallambalam. PO, Thiruvananthapu.ram.-
695 605 ,
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2) Shajahan, S/oAsanaru Kunju, S.S. Manzil,
Mukkukadu, Maruthikunnu. PO, Navaikulam,.
Thiruvananthapuram.
3) Sherin.S, D/oshajahan, S.S. Manzil, Mukkukadu, Maruthikunnu. PO, Navaikulam, Thiruvananthapuram.
Mediator Sri. G. Mahesh Kumar
Date 22.03.202211 am
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MEMORANDUM OF AGREEMENT UNDER SECTION 89 0F THE CODE OF CIVIL PROCEDURE READWITH RULES 24 AND 25 0F THE CIVIL PROCEDURE (MEDIATION) RULES 2005 BEFORE THE HONOURABLE HIGH COURT OF KERALA ERNAKUL.AM WP(C)NO:6299 0F 2022(J) PETITIONER PF"OD.B.S S/O MOHAMMED BASHEER RESPONDENTS STATION HOUSE OFFICER KALLAMBAIAM POLICE STATION AND 2 OTHERS THE PARTIES ABOVE NAMED BEGS TO SUBMIT AS FOLLOWS:
1) The above said case were referred to mediation for solving the dispute between the parties. In the course of mediation, they have resolved their dispute and have agreed to the following terms and condition:
i) The petitioner father agreed that the permanent custody of minor children Alhena.P.S aged 11 years and Mihara.P.S. aged 5 years is hereby vested with the 3rd respondent mother Sherin.S from 19-04-2022.
ii) The 3rd respondent mother agreed the visitorial rights of the pe,titioner father to take the minor children named Alhena.P.S aged 11 years and Mihara.P.S. aged 5 years on every 2nd Saturday of every month from 11 AM to 3 PM. The 3rd respondent agreed to produce the minor children before the office of the Shiristhada,r, Family court, Attingal by 11 am on the agreed day and petitioner also agreed that the children will be returned before the office of the Shiristhadar, Family court, Altingal by 3 pin on the agreed day itself, starting from the month of May 2022.
iii) The petitioner father agreed to pay Rs: 2000/-(two thousand rupees) each per mensum towards maintenance to minor children named Alhena.P.S aged 11 years and Mihara.P.S. E5= aged 5 years from the month of May 2022.
iv) The petitioner further agreed that after two years from the date of this agreement the maintenance amount of rriinor :6hildren will be enhanced to Rs:4000/- each.
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v) The petitioner further agreed that the said amount of Rs: Rs:4000/- per month for the lst two years from the date of this agreement and the further enhancement to Rs 8000/- post two years will be deposited in the S.B.account No 40352101123265 maintained by the minor daughter Alhena P.S with the Kerala Gramin Bank Kallambalam branch, before the 10th day of every month. If the petitioner fails to remits the monthly maintenance, the 3rd respondent is entitled to realize it.
vi) The petitioner agreed to transfer ten cents of property with a shop room owned by the petitioner as per sale deed No: 198/2010 of Navaikulam SRO, comprised in resurvey No: 6/14-
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agreement. If the petitioner fails to do so, the 3rd respondent shall have the liberty to initiate legal proceedings against the petitioner.
vii)The petitioner assents that the above said 10 cents of property of Kudavoor village owned by the petitioner was mortgaged to the SBl branch Kallambalam and the petitioner obtained two house loans and two personnel loans. The outstanding balance amount in the loan account of the petitioner is Rs:17,79,147.97/-
viii) The petitioner and the 3rd respondent further mutually agreed that the total financial liabilities pending on the said property shall be equally borne by both the parties. The total liability of Rs 17,79,147.97/-with future interest shall be divided between the Petitioner and 3rd respondent thereby mutually agreed that half Of the loan amount with future interest shall be deposited by the petitione.r and the remaining half amount shall be deposited by the 3rd respondent in the bank within one year from the date of this agreement and thereby clearing the liability.
ix) ln default of payment of the half amount to the bank by the petitioner within the stipulated period of one year, the 3rd respondent shall have the liberty to realize Rs: 8,89,573/-(eight lakhs eighty-nine thousand five hundred and seventy-three rupees) along with interest @ 12% per annum from this the 19th day of May 2022 to till realization in full from the petitioner's salary and from his assets both movable an.d immovable properties.
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x) The petitioner further agreed that he shall return 43 sovereigns of gold ornaments owned by the 3rd respondent or its market value at the time of the marriage of his children named Alhena.P.S and Mihara.P.S equally. In default of the said condition the 3rd respondent shall have the right to file legal proceedings to realize the value of gold ornaments from the petitioner's salary and from his movable and immovable properties.
xi)The petitioner & 3rd respondent agreed to spend the documentation fees and other expenses equally for executing the settlement deed in the name of 3rd respondent.
xii) The 3rd respondent herein filed two original petitions against the petitioner herein as OP:NO:191/2022 for recovery of gold ornaments or its value and for injunction and OP(G&W) No:397/2022 before the Family Court Attingal. The parties further mutually agreed that they shall not pursue with the said cases and those cases are also hereby settled as per the terms and conditions of this agreement. The 3rd respondent agreed that she will take all necessary steps to lift the temporary order of injunction granted by the Hon'ble Family court, Attingal in OP: No:191/2022 within no time.
xiii) The petitioner and 3rd respondent are divorced as per the order in OP(MMA)NO:489/2021 in the file of Family court, Attingal. The entire financial transactions including the present and future maintenance of the 3rd respondent and as per the provisions of Muslim women (Protection of Rights on marriage) Act 2019 are hereby settled full and finally and both of them raJii mutually agreed that they shall not raise any further claims against each other based on their marriage.
xiv) The parties agreed to Suffer their respective cost of the proceeding.
2) ln view of the aforesaid agreement entered into between the parties, the parties pray that the suivs, petition/s, appeal/s, be decree/dismissed disposed of, in terms of the aforesaid agreement.
3) In view of the aforesaid agreement, the plaintiffls appellanvs prays for refund of full institution fee.
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4) Parties will appear on before the Honourable court for passing orders/decree in terms of the above said 3rd respondent:Sh ELE#h pITgiv couTge##:.eEti:ti=e:=counse,fortheRespondents,&2.
V_E_RIFICAIJQN We, the parties above named, do hereby solemnly state and declare that what is contained in paragraph 1 to 4 are true to the best Of our knowledge, information and belief.
Place: Attingal Date: a6 /05/2022.
•|S BEFORE THE HON'BLE HIGHCOURTOFKERAL.ALJ\ ERANAKULAM WP(C)NO: 6299 0F 2022(I) PE_Ti__i_ioER P"OD.BS iE REsroNDENTs SHO KALI.AMBALAM POLICE STATION & 2 0TllEF`S M EDIATION REPORT DISPUTE SETTLED.
MEDIATOR.