P.A.Suhrabi vs Anwar @ K.K.Abdulsalam

Citation : 2022 Latest Caselaw 7574 Ker
Judgement Date : 24 June, 2022

Kerala High Court
P.A.Suhrabi vs Anwar @ K.K.Abdulsalam on 24 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 247 pay OF JUNE 2022 / 3RD ASHADHA, 1944
OP (FC) NO. 64 OF 2022
AGAINST THE ORDER/JUDGMENT IN EP 32/2019 OF CENTRAL
ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH

PETITIONER/S:
P.A.SUHRABI, AGED 38 YEARS,
D/O.P.ASEES, H.NO.5/581,
HARIDAS BUILDING,

MATTANCHERRY .P.O,
COCHIN~2.

BY ADV R.LEELA

RESPONDENT/S:

ANWAR @ K.K.ABDULSALAM,

WORKING AS AUTO DRIVER,

S/O.KUNJU MUHAMMED, STUDIO NAZAR,
H.NO.7/2030, 1ST FLOOR,

WEST SIDE HOSPITAL ROAD,
KAPPALANDIMURRU, KOCHI - 2.

BY ADVS.
JOHNSON ABRAHAM
NELSON ABRAHAM (K/105/2001)

THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
24.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 

O.P.(FC) No.64/2022 2

JUDGMENT

Sophy Thomas, J.

This original petition has been filed by the wife for speedy disposal of E.P.No.32/2019 pending before the Family Court, Ernakulam. Pending original petition, the parties were referred for mediation. In the mediation, they settled all their disputes. The settlement agreement is on board along with the report of the Nodal Officer. The respondent had agreed to pay Rs.2,[email protected],@00/- (Rupees two lakhs only) in full and final settlement of all monetary claims pending between the parties. Moreover, he had agreed to pay Rs.5,[email protected]@/- (Rupees five thousand only) towards monthly maintenance to the petitioner and the children from April, 2022 onwards. The settlement agreement is recorded and the original petition is disposed of in terms of the settlement agreement. The settlement agreement shall form part of the judgment.

Registry to forward copy of the judgment along with copy of the settlement agreement to the Family Court, O.P. (FC) No.64/2022 3 Ernakulam, and the Judicial First Class Magistrate Court, Ernakulam to record the settlement and to close the E.P.

and M.C. pending between the parties.

Sd/-

A.MUHAMED MUSTAQUE JUDGE Sd/-

SOPHY THOMAS JUDGE In O.P.(FC) No.64/2022 4 APPENDIX OF OP (FC) 64/2022 PETITIONER'S EXHIBITS:

EXHIBIT Pl THE TRUE COPY OF THE EXECUTION PETIITON BEARING E.P.NO.32/2019 IN O.P.NO.837 OF 2008 EXHIBIT P2 THE TRUE COPY OF THE E-COURT PROCEEDINGS IN E.P.NO.32/2019.

BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM O.P(F.C) No.64/2022 P.A Suhrabi : Petitioner | Vs. | Anwar @ K.K Abdulsalam : | 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:

The petitioner has filed EP.No.32/2019, MP.No.139/2018 and MP.No.175/2021 before the Family Court, Ernakulam against the respondent.

The matter settled and compromised on the following terms and conditions:

7 | | 1. Respondent herein agreed to pay an amount of Rs.2,00,000/- (Rupees Two lakh only) towards fall and final settlement of all claims in. aforesaid EP.No.32/2019, MP.No.139/2018 and MP.No.175/2021 and claim in MC (Domestic Violence) pending before JECM, Kochi.

2. The respondent further undertakes to pay Rs.5,000/- (Rupees Five thousand only) towards monthly maintenance to the petitioner and children from April 2022 onwards.

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3. The petitioner hereby undertakes to record full satisfaction after receiving the aforesaid amount Rs.2,00,000/- (Rupees Two lakh only).

4, All the claims in MP.No.139/2018 and MP.No.175/2021 are withdrawn the claim in MC (Domestic Violence) pending before JFCM, Kochi. No further claim towards maintenance to the petitioner and children in future except the afore mentioned Rs.5,000/- (Rupees Five thousand only) .

5. | The respondent hereby undertakes to pay the afore mentioned amount of Rs.2,00,000/- (Rupees Two lakh only) within a period of six months from today, after receiving the said amount of Rs.2,00,000/-

(Rupees Two lakh only) , the petitioner herein will acknowledge the same and issue receipt.

Dated this the 1° day of April 2022.

Petitioner Respondent suhtoal = P.A Suhrabi Anwar @ K.K Abdulsalam _ Counsel for the eo Oe Counsel for the Respondent ae Aklson Ahruhero @ Joel Keral la State Mediatio Sa Con High Court o Of Ke, oration Centrs Kochi - 682 034