Abdul Wahab vs Sherin

Citation : 2022 Latest Caselaw 6989 Ker
Judgement Date : 17 June, 2022

Kerala High Court
Abdul Wahab vs Sherin on 17 June, 2022
         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
       THE HONOURABLE MR.JUSTICE A.MUHAMED MUSTAQUE
                             &
          THE HONOURABLE MRS.JUSTICE SOPHY THOMAS
  FRIDAY, THE 17TH DAY OF JUNE 2022 / 27TH JYAISHTA, 1944
                MAT.APPEAL NO. 1008 OF 2019
 AGAINST THE ORDER/JUDGMENT IN OP 13/2017 OF FAMILY COURT,
                         VADAKARA
APPELLANT/S:

         ABDUL WAHAB, AGED 46 YEARS,
         S/O.SAITHALAVI, THANGALS HOUSE, KAVILPADI,
         KALADI (PO), PIN-, PONNANI TALUK, MALAPPURAM
         DISTRICT, REPRESENTED BY POWER OF ATTORNEY HOLDER
         SAYYED IMBICHIKOYA THANGAL, MAHIR VILLA,
         PACHATTIRI AMSOM DESOM, MURIVAZHIKKAL (PO), PIN-
         676M 502, PARAVANNA, TIRUR TALUK, MALAPPURAM
         DISTRICT, AS PER ORDER IN IA 315/2017 DATED
         29.03.2017.
         BY ADVS.
         SRI.SREELAL N.WARRIER
         SRI.P.T.SHEEJISH


RESPONDENT/S:

         SHERIN, AGED 34 YEARS,
         D/O.SAYED IBRAHIM KHUDSI,
         SHADIYA MAHAL, THAZHANGADI ROAD,
         KOYILANDI (PO), PIN-673 305,
         KOZHIKODE.
         BY ADV SRI.V.KRISHNA MENON


THIS MATRIMONIAL    APPEAL HAVING BEEN FINALLY HEARD ON
17.06.2022, ALONG WITH Mat.Appeal.319/2020, 113/2020 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
       THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                               &
         THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
  FRIDAY, THE 17TH DAY OF JUNE 2022 / 27TH JYAISHTA, 1944
                MAT.APPEAL NO. 319 OF 2020
 AGAINST THE ORDER/JUDGMENT IN OP 13/2017 OF FAMILY COURT,
                         VADAKARA
APPELLANT/S:

         SHERIN, AGED 37 YEARS,
         D/O.SAYED IBRAHIM KHUDSI,
         SHADIYA MAHAL, THAZHANGADI ROAD,
         KOYILANDY P.O., KOZHIKODE,
         PIN-673305.
         BY ADV V.KRISHNA MENON


RESPONDENT/S:

          ABDUL VAHAB, AGED 49 YEARS,
          S/O.SAITHALAVI, THANGALS HOUSE,
          KAVILPADI, KALADI P.O., PONNANI TALUK,
          MALAPPURAM DISTRICT, POWER OF ATTORNEY HOLDER,
          SAYYED IMBICHIKOYA THANGAL U.C.,
          S/O.KOYANHIKOYA THANGAL, AGED 68 YEARS,
          MAHIR VILLA, PACHATTIRI AMSOM DESOM,
          MURIVAZHIKKA P.O., PARAVANNA, TIRUR TALUK,
          MALAPPURAM DISTRICT, PIN-676502.
         BY ADV P.T.SHEEJISH


THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON
17.06.2022, ALONG WITH Mat.Appeal.1008/2019 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                              &
          THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
  FRIDAY, THE 17TH DAY OF JUNE 2022 / 27TH JYAISHTA, 1944
                    RPFC NO. 113 OF 2020
 AGAINST THE ORDER/JUDGMENT IN MC 7/2017 OF FAMILY COURT,
                          VADAKARA
REVISION PETITIONER/S:

    1     SHERIN, AGED 34 YEARS, (NOW AGED 37), D/O.SAYED
          IBRAHIM KHUDSI,   SHADIYA MAHAL, THAZHANGADI
          ROAD, KOYILANDY P.O., KOZHIKODE - 673 305.
    2     AYISHA NADHA, D.O.B.7.2.2001 (NOW AGED 19),
          D/O.SHERIN, SHADIYA MAHAL, THAZHANGADI ROAD,
          KOYILANDY P.O., KOZHIKODE - 673 305.
    3     FATHIMA NISHVA, AGED 8 YEARS,
          MINOR, D.O.B.19/12/2008 (NOW AGED 11),
          D/O.SHERIN, REPRESENTED BY HER MOTHER SHERIN,
          SHADIYA MAHAL, THAZHANGADI ROAD, KOYILANDY P.O.,
          KOZHIKODE - 673 305.
    4     KHADEEJA NEZRIN, AGED 5 YEARS,
          MINOR, D.O.B.22/11/2011(NOW AGED 8), D/O.SHERIN,
          REPRESENTED BY HER MOTHER SHERIN, SHADIYA MAHAL,
          THAZHANGADI ROAD, KOYILANDY P.O.,
          KOZHIKODE- 673 305.
          BY ADV V.KRISHNA MENON

RESPONDENT/S:

          ABDUL VAHAB, AGED 49 YEARS,
          (NOW AGED 49), S/O.SAITHALAVI, THANGALS HOUSE,
          KAVILPADI, KALADI P.O., PONNANI TALUK, MALAPPURAM
          DISTRICT, POWER OF ATTORNEY HOLDER SAYYED
          IMBICHIKOYA THANGAL U.C., S/O.KOYANHIKOYA
          THANGAL, AGED 68 YEARS (NOW AGED 61), MAHIR
          VILLA, PACHATTIRI AMDOM DESOM, MURIVAZHIKKA P.O.,
          PARAVANNA, TIRUR TALUK, MALAPPURAM DISTRICT,
          PIN - 676 502.
THIS REV.PETITION(FAMILY COURT) HAVING BEEN FINALLY HEARD
ON   17.06.2022,  ALONG   WITH  Mat.Appeal.1008/2019  AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                  &
            THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
     FRIDAY, THE 17TH DAY OF JUNE 2022 / 27TH JYAISHTA, 1944
                         RPFC NO. 471 OF 2019
AGAINST THE ORDER/JUDGMENT IN MC 7/2017 OF FAMILY COURT, VADAKARA
REVISION PETITIONER/S:

          ABDUL WAHAB, AGED 46 YEARS,
          S/O. SAITHALAVI, THANGALS HOSUE, KAVILPADI, KALADI
          (PO), PONNANI TALUK, MALAPPURAM DISTRICT. REPRESENTED
          BY POWER OF ATTORNEY HOLDER, SAYYED IMBICHIKOYA
          THANGAL U.C., AGED 68 YEARS, S/O. KOYANHIKOYA THANGAL
          MAHIR VILLA, PACHATTIRI AMSOM DESOM, MURIVAZHIKKAL
          (PO), PIN-676 502, PARAVANNA, TIRUR TALUK, MALAPPURAM
          DISTRICT AS PER ORDER IN I.A.315/2017 DATED 29.3.2017.
          BY ADV SRI.P.T.SHEEJISH

RESPONDENT/S:

    1     SHERIN, AGED 34 YEARS, D/O. SAYED IBRAHIM KHUDSI
          SHADIYA MAHAL, THAZHANGADI ROAD, KOYILANDI (PO), PIN-
          673 305 KOZHIKODE DISTRICT.
    2     AYISHA NADHA, AGED 14 YEARS, (MINOR) D.O.B 7.2.2001
          REPRESENTED BY MOTHER SHERIN, AGED 34, D/O SAYED
          IBRAHIM KHUDSI SHADIYA MAHAL, THAZHANGADI ROAD,
          KOYILANDI (PO), PIN-673 305, KOZHIKODE DISTRICT.
    3     FATHIMA NISHVA, AGED 8 YEARS, (MINOR) D.O.B
          19.12.2008, REPRESENTED BY MOTHER SHERIN, AGED 34, D/O
          SAYED IBRAHIM KHUDSI SHADIYA MAHAL, THAZHANGADI ROAD,
          KOYILANDI (PO), PIN-673 305, KOZHIKODE DISTRICT.
    4     KHADEEJA NEZRIN, AGED 5 YEARS, (MINOR) D.O.B
          22.11.2011 REPRESENTED BY MOTHER SHERIN, AGED 34,
          D/O SAYED IBRAHIM KHUDSI SHADIYA MAHAL, THAZHANGADI
          ROAD, KOYILANDI (PO), PIN-673 305, KOZHIKODE DISTRICT.
          BY ADV SRI.V.KRISHNA MENON


THIS REV.PETITION(FAMILY COURT) HAVING BEEN FINALLY HEARD ON
17.06.2022, ALONG WITH Mat.Appeal.1008/2019 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                            JUDGMENT

[Mat.Appeal Nos.1008/2019 & 319/2020, R.P(FC) Nos.

113/2020 & 471/2019] A.Muhamed Mustaque, J.

The dispute between the parties were referred for mediation. In the mediation, the parties have resolved all their disputes. A detailed agreement has been executed between the parties. The mediation agreement is on board along with the report of the mediator.

In the light of the mediation agreement, we dispose of these appeals and also modify the order impugned in R.P.(FC) No.113/2020 (M.C.No.7 of 2017 on the file of the Family Court, Vatakara). It is made clear that in supersession of the impugned judgments in all these cases, the parties would be governed by the mediation agreement. Accordingly, these cases are disposed of.

Sd/-

A.MUHAMED MUSTAQUE JUDGE Sd/-

SOPHY THOMAS JUDGE ln