Suresh vs Suguna

Citation : 2025 Latest Caselaw 1787 Ker
Judgement Date : 31 July, 2025

Kerala High Court

Suresh vs Suguna on 31 July, 2025

MAT.A No.     98 oF 2025            1                              2025:KER:56949
                  IN TEE HIGH cot7RT OF KERAln AI ERNAKulLAM
                                        PRESENT
              THE HONouRABI,E edR. dusTICE DIVAN RmncHANDRaei
                                           &

               THE HONOuRABLE ins. OvsTlcE M.B. sNEIIzilATIIzi

     THURsmr, THE 3isT mr oF ¢uL¥ 2o25 / 9" SRAVENA, 1947
                            Imp.AppEAL No. 98 oF 2o25
         AGE,INST THE         ]T]DGBdBNT DzwrED      20.01.2021    IN op ro.868      oF
2ol7 OF FAMII.I count, PAIAKKAD

APPEliliANTS/RESPONI)ENTS IN O. P :

     1    SURESH, AGED 38 YEARS
          S/O BHZISKARAN, MtJRUKAIAYAM HOUSE , ANCHUKtJNNU cost ,
          MANANTZIZ`::VADI, VAYANAD DISTRICxp, PIN - 670645


    2     BHASKARZIN, AGED 67 YEARS
          s/o KARuppAN Mt7RUKALA¥AM HousE , ENCHUKUNNu rosT ,
          imNANTHA:VADI, omxANAD DlsTRICIT, plN - 67o645

     3    KAIJSALYA, AGED 64 YEARS
          wlRE OF BmsKARZIN, Mt}RUKAlnyAM HotTSE , ANCHUKUNNu
          posT, inNANTHavADI, im¥mmD DlsTRlcT, plN - 67o645
              BY OwS.
                 SHRI . ABRAHAM P . GEORGE
                 Sin . M . SzuRTTur

RESPONDENT/PETITIONER IN O. P :

                 SUGtJNA, AGED 30 YEARS
                w/O SURESH , REECHIRlpARaecu HousE, pAlfmNCIATmNNUR
                rest, KuzHAD4ANNAM, AIATHUR TALUK, pAljLKKAD
                DISTRICIT, PIN - 678575
                BY Ays.
                 SRI.BIJO FRANCIS
                 SEIRI . I . R .ANIII VENUGOPAI.
                 SRI. JOSH KURIAKOSE (VILANGhTTII.)



         THls RATRlroNIAI, Appeal HAvlNG ccmG uEi FOR HEARING oN
31.07.2025,      THE       COURT   ON    THE      SAME   DAY      DEI.IVERED        THE

roLI.OwlNG :
 MAT.A NO.   98 0F 2025                                2 0 2 5 : KER : 5 6 9 4 9

       DEVAN RAMACHANDRAN & M.B.SNEHALATHA, JJ.

                          Mat.Appeal No.98 of 2025
                    --I--111-111--I-------11-----I-I-111-I---I-
                         Dated this the 31st July, 2025

                                  JUDGMENT

M.B.Snehalatha, J When this appeal came up for hearing today, the leamed counsel appearing for both sides submitted that the dispute between the parties has been settled in the mediation held under the aegis of Mediation Centre, Emakulam and a memorandum of agreement has been filed before this Court.

2. We have examined the memorandum of agreement and we notice that it has been signed by the parties and subscribed by their counsel. The terms of the agreement are lawful and therefore the settlement arrived at by the parties is accepted.

3. In view of the settlement arrived at between the parties, Mat.Appeal No.98/2025 is disposed of in terms of the settlement arrived at by the parties.

4. The parties are directed to act implicitly in terms of the memorandum of agreement and shall comply all the terms therein, which do form part of this judgment.

Sd/-

DEVAN RAMACHANDRAN, JUDGE Sd/-

M.B.SNEHALATHA, JUDGE ab BEFORE THE HONOufIABLE HiGH couitr OF KERALA AT ERNAKULAM Mat ADDeal No.98 of 2025 Suresh & Others : Appel lants Vs. Suguna : Respondent MEMORAI\IDUM OF AGREEMENT ER SECTION 8 F THE COD OF CIVIL PROCEDURE READ VVI RULES 24 25 0F THE CIVI PROCEDURE (ALTEF`NAIIVE DISP E fREsOLun Both parties have agreed to settle their dispute as per the following terms and conditions:-

1. The appellant in Mat Appeal No,98/2025 shall pay to the respondent a total sum of Rs.30,OO,000/- (Rupees Thirty lakhs only) as follows:-
a) That a sum of Rs.10,00,000/-(Rupees Ten lakhs only) shall be paid by the appellant to the res.pondent on or before 23/08/2025.
b) That a further sum of Rs.10,00,000/-(Rupees Ten lakhs only) shall be paid by the appellant to the respondent on or before 23/10/2025, Appellants Respondent
1. Suresh sugur,a P qT
2. Bhaskaran # 3,Kausalya 4or -2-
c) That the third and last installment of Rs.10,00.000/-(Rupees Ten lakhs only) shall be paid by the appellant to the respondent on or before 23/12/2025.

d) That all payments shall be made through a Demand Draft drawn in favour of Ms. Suguna, daughter of Prakash payable at Axis Bank, Palladam, Thirupur, Tamil Nadu.

2. Upon receipt of the last installment by the respondent, the respondent shall endorse on the application prepared by the appellant to lift the attachment of the properties attached by the respondent in OP.No.868ra017, that the respondent has no objection in the same.

3. The Appellants and the respondent hereby agree that they will not further proceed in OP No.528/2023, decreed in favour of the respondent granting her a divorce on 28/02/2024 and both parties hereby agree that their divorce is final.

4. The respondent hereby agrees that upon receipt of full payments as scheduled in clause (1) above, the respondent shall treat the same as full and final settlement of all claims by the respondent against the appellant and that she will not make any further claim or litigation against the appellants.

  Appellants                                         Respondent
      1. Suresh       jgivf!                         sugur,a           P-iT
      2. Bhaskaran /gc+
      3. Kausalya A
                                             -3-

5. The respondent hereby agree that on receipt of the amount agreed upon, she shall not claim any amount towards maintenance and alimony past, present or future from the lst appellant.

6. That both parties hereby agree that the matter in Mat Appeal No.98/2025 is hereby settled to the full and final satisfaction of the parties.

7. That the appellant shall handover the Demand Draft drawn in favour of the respondent on the respective dates mentioned in clause (1) above through the Office of Advocate Mr.T.R Anil Venugopal, at his Office at Palakkad.

Dated this the 17th day of July, 2025.



                                                  Respondent
  ::::::::ts cslA                                 s,ugma        P-cij-

   2. Bhaskaran -or


   3.Kausalya            4±

            i:i`i------J
   c®#®e##khpe>5£,FceF?`ants                        ±l for the Respondent
                                                    k|2t57| /9q4r



                                     Adv.