IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MRS. JUSTICE SOPHY THOMAS FRIDAY, THE 247 paAY OF JUNE 2022 / 3RD ASHADHA, 1944 MAT.APPEAL NO. 734 OF 2021 AGAINST THE ORDER/JUDGMENT IN IA 1/2021 IN OP 124/2015 OF FAMILY COURT, PALA APPELLANT: SAFIYA SHAJAHAN, AGED 51 YEARS, W/O SHAJAHAN RAWTHER, SHYNUMANZIL, NARANGANAM WEST P 0, NARANGANAM VILLAGE, KOZENCHEERY TALUK, PATHANAMTHITTA DISTRICT-689 642. BY ADVS. I.V.PRAMOD SAIRA SOURAJ P. RESPONDENT : ALNISHAN SHAHUL, AGED 36 YEARS, S/O SHAHUL HAMEED, UTRA 56, UNICHIRA, THAILAVU ROAD, CHANGANPUZHA NAGAR, KALAMASSERY, ERNAKULAM=686 513. BY ADV P.JINISH PAUL THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 24.06.2022, ALONG WITH Mat.Appeal Nos.735/2021 and 736/2021, 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 2474 pay OF JUNE 2022 / 3RD ASHADHA, 1944 AGAINST APPELLANT : MAT .APPEAL NO. 735 OF 2021 THE ORDER/JUDGMENT*IN OP 124/2015 OF FAMILY COURT, PALA SAFIYA SHAJAHAN, AGED 51 YEARS, W/O SHAJAHAN RAWTHER, SHYNUMANZIL, NARANGANAM WEST P O, NARANGANAM VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT-689 642. BY ADVS. I.V.PRAMOD SAIRA SOQURAJ P. RESPONDENTS : THIS 24.06.2022, ON THE SAME AL NISHAN SHAHUL, AGED 36 YEARS, S/O SHAHUL HAMEED, UTRA 56, UNICHIRA, THAILAVU ROAD, CHANGANPUZHA NAGAR, KALAMASSERY, ERNAKULAM=686 513. SHAJAHAN RAWTHER, AGED 61 YEARS, SHYNUMANZIL, NARANGANAM WEST P O, NARANGANAM VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT-689 642. BY ADV P.JINISH PAUL MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION ON ALONG WITH Mat.Appeal Nos.734/2021 and 736/2021, THE COURT 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 247 pay OF JUNE 2022 / 3RD ASHADHA, 1944 MAT.APPEAL NO. 736 OF 2021 AGAINST THE ORDER/JUDGMENT IN IA 3/2021 IN OP 124/2015 OF FAMILY COURT, PALA APPELLANT: SHAJAHAN RAWTHER, AGED 61 YEARS, S/O. ISMAIL RAWTHER, SHYNUMANZIL, NARANGANAM WEST P. O., NARANGANAM VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT - 689 642. BY ADVS. K.C.RANJITH SREEMUKUND R. RESPONDENT: ALNISHAN SHAHUL, AGED 36 YEARS, S/O. SHAHUL HAMEED, POOVATHUMMOOTTIL HOUSE, VELANILAM P O., NENMENY, MUNDAKAYAM VILLAGE, KANJIRAPPILLY TALUK - 686 514. BY ADVS. R.S.REJITHA BENRAJU K.R. P.T.MARY (K/756/2012) THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION ON 24.06.2022, ALONG WITH Mat.Appeal Nos.734/2021 and 735/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mat.Appeal Nos. 734/2021,735/2021,736/2021 4... JUDGMENT
[Mat.Appeal Nos.734/2021,735/2021, 736/2021] A. Muhamed Mustaque, J In these appeals, the parties were referred to mediation. The parties agreed that the custody of the minor ward namely, Almiya Alnishan, shall be in accordance with the settlement agreement arrived in the mediation.
In the light of their settlement, we dispose these appeals recording the settlement. The settlement agreement in all these appeals will form part of the judgment.
Sd/-
A.MUHAMED MUSTAQUE JUDGE Sd/-
SOPHY THOMAS JUDGE PR ERNAKULAM MEDIATION CENTRE (HIGH COURT HALL) 2"? floor, above SBI, High Court building, Ernakulam, Kochi -31.
(Ph.0484-2562238) EMC/Reg. no. 60.22. Dated 13/06 Jax , From The Nodal Officer, High Court Mediation Centre.
To ft The Registrar (Judicial), High Court of Kerala.
t Ernakulam Sir, Sub:- Mediation of referred cases - Reg.
Ref:- Referral Order in..¥).A-T>. Apeal Ms. #34 [al cf 7h dated 24197] ax oF the Hon'ble High Court of Kerala.
~The report of the Mediator in the matter along with the enclosures is furnished herewith for information and necessary action.
Q Yours faithfully, a - on hy 9? i On Nodal Officer \* | Ernakulam Mediation Centre Encl: 1. Report of the Mediater, Settlement Agreement.
2. Copy of referral order dated ANSE a2. of the High Court of Kerala.
'
3. Copy of Petition.
BEFORE THE HON'BLE HIGH COURT OF KERAL AT ERNAKULAM Mat Appeal Nos. 734/2021 & 735/2021 Safiya Shajahan : Appellant Vs.
Al Nishan Shahul : Respondent REPORT SUBMITTED BY MEDIATOR ADV. GISA SUSAN THOMAS Mediated. Settled.
Terms of settlement are attached herewith.
Dated this the 3rd day of June, 2022.
af Adv. Gisa Susan Thomas Mediator Ernakulam Mediation Centre BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM Mat Appeal Nos. 734/2021 & 735/2021 Safiya Shajahan ; Appellant Vs Alnishan Shahul : Respondent MEMORANDUM OF SETTLEMENT UNDER SECTION 89 OF THE CODE OF CIVIL PROCEDURE READ WITH RULES 24 & 25 OF THE CIVIL " PROCEDURE (ALTERNATIVE DISPUTE RESOLUTION), RULES, 2008.
Both parties agree to settle their case amicably in the following terms and conditions :
1. Both the parties have agreed that the permanent custody of the minor ward, 'Almiya Alnishan' shall be with the father, Alnishan Shahul, respondent herein. It is further undertakes by the respondent herein that he shall meet the whole expenses including educational and medical of the minor ward. The appellant and her husband Mr.Shajahan A Rawther have the interim custody of the minor ward i.e., from 9 a.m. on 2°¢ Saturdays till the succeeding Sundays at 4 p.m on every month. _ In addition to this, the appellant herein will have the interim custody during first half of Onam, Christmas and Summer Vacations. The respondent herein undertakes that he shall allow the appellant to gaat SHADOW =, Keraia State Mediation and Conciliation Centre High Court of Kerala "Kochi - 682 034 -2- interact with the minor ward on every day between 7 p.m. to 8 p.m. through phone. The phone number shall be furnished by the respondent/father.
2. The respondent herein undertakes that he shall take steps for admission of the minor ward, 'Almiya Alnishan' in school at Ernakulam for the academic year 2022-2023 and the minor ward will be permanently resided with her father/respondent herein till she attains majority.
3. Both the parties have agreed that any other mediation agreement executed between them earlier will be cancelled on the strength of this agreement. . The parties hereby agree that they will not raise any further claim against each other with regard to the subject matter of the case.
4. In default of compliance of any conditions above mentioned, the appellant has the liberty to move appropriate petitions before the court of Law.
Dated this the 3% day of June, 2022 Appellant Respondent Safiya Shajahan 46) SHAJsnew Alnishan Sha e/ Ga aue| Oly , ae Counsel for the Appellant Counsel for the Respondent jeraia State Mediation and Conciliation Centre High Court of Kerala 'Kochi - 682 034 ERNAKULAM MEDIATION CENTRE (HIGH COURT HALL) 2" floor, above SBI, High Court building, Ernakulam, Kochi -31.
Ph.0484-2562238 EMC/Reg. No..£5.9.[28. Dated ../3/ 06].
From The Nodal Officer, High Court Mediation Centre.
" To K The Registrar (Judicial), q | High Court of Kerala.
- Ernakulam Sir, Sub:- Mediation of referred cases - Reg.
Ref:- Referral Order in. MAT: A peal Ms: #34 fal c/w 73s dated 24105|axoF the Hon'ble High Court of Kerala.
"The report of the Mediator in the matter along with the enclosures is furnished herewith for information and necessary action.
Yours faithfully, 5 . \wi--
RS Nodal Officer \K Ernakulam Mediation Centre Encl: 1. Report of the Mediater, Settlement Agreement.
2. Copy of referral order dated dass laa of the High Court of Kerala. .
\
3. Copy of Petition.
BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM Mat Appeal No. 736/2021 Shajahan Rawther : Appellant Vs Alnishan Shahul : Respondent REPORT SUBMITTED BY MEDIATOR " ADV. GISA SUSAN THOMAS Mediated. Settled.
Terms of settlement are attached herewith.
Dated this the 3rd day of June, 2022.
(if [--
Adv. Gisa Shicanthomos Mediator Ernakulam Mediation Centre BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM Mat Appeal Nos. 736/2021 Shajahan Rawther >: Appellant Vs Alnishan Shahul _ : Respondent MEMORANDUM OF SETTLEMENT UNDER SECTION 89 OF THE CODE OF CIVIL PROCEDURE READ WITH RULES 24 & 25 OF THE CIVIL EE EE EERE READ WITT RULES 24 & 25 OF THE CIVIL PROCEDURE (ALTERNATIVE DISPUTE RESOLUTION), RULES, 2008.
Both parties agree to settle their case amicably in the following terms and conditions :
1. Both the parties have agreed that the permanent custody of the minor ward, 'Almiya Alnishan' shall be with the father, Alnishan Shahul, respondent herein. The subject matter of this case already settled in the connected matters ie., Mat.Appeal Nos.734/2021 and 735/2021.
2. Appellant herein undertakes he shall withdraw the above e Mat Appeal.
Dated this the 3% day of June, 2022 \ Appellant : Respondent pP shepahao | Om.
Shajahan Rawther Alnishan Sha Kot ; | A Pee \eh ey cnnety . Kerala State Mediation and Conciliation Centre Counsel for the Appellant High Court of Kerala ° . ~ Kochi - 682 031 is = tog