Praveen K. Sathyraj vs Rini
2021 Latest Caselaw 11299 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

      THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

                              &

      THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

  THURSDAY, THE 08TH DAY OF APRIL 2021 / 18TH CHAITHRA,
                           1943

                    OP (FC).No.149 OF 2021

   AGAINST THE ORDER/JUDGMENT IN OP 291/2010 OF FAMILY
                    COURT,TRIVANDRUM


PETITIONER:

              PRAVEEN K. SATHYRAJ, AGED 39 YEARS, S/O.SATHYA
              RAJ, VARUPLANKALA PUTHEN VEEDU, THIRUPURAM
              VILLAGE, THIRUPURAM DESOM, NEYYATTINKARA
              TALUK, THIRUVANANTHAPURAM DISTRICT-695 133.

              BY ADVS.
              SRI.V.G.ARUN (K/795/2004)
              SMT.V.JAYA RAGI
              SRI.NEERAJ NARAYAN
              SRI.R.HARIKRISHNAN (KAMBISSERIL)

RESPONDENT:

              RINI, D/O.WILFRED, PUSHPAVILASOM, KANNARAVILA,
              NELLIMOODU, NELLIMOODU P.O., NEYYATTINKARA
              TALUK, THIRUVANANTHAPURAM DISTRICT-695 524.

              R1 BY ADV. SRI.MATHEWS K.UTHUPPACHAN
              R1 BY ADV. SRI.SHARAN SHAHIER
              R1 BY ADV. SMT.LILIN LAL

     THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON
08.04.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 OP (FC).No.149 OF 2021

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                          JUDGMENT

Dated this the 8th day of April 2021

A.Muhamed Mustaque, J

This original petition is an offshoot of the

settlement arrived at between the parties in O.P. No. 291 of 2010 on the file of the Family Court,

Thiruvananthapuram. The agreed terms in the

settlement is as follows:

"The 1st petitioner agreed to withdraw the criminal case in Crime No. 80 of 2009 of Poovar Police Station registered against the respondent and his relatives. The gold ornaments and Rs.25,000/- shall be handed over to the petitioner on the date of filing joint petition for divorce and Rs.5 lakhs shall be paid on the date of evidence on joint petition. The parties also agreed to exchange their gold chains now in possession on the date of joint petition."

2. Based on the settlement, the respondent

filed Execution petition as E.P. No.50 of 2013.

Challenging the Execution petition, the petitioner

approached this Court. According to the petitioner, OP (FC).No.149 OF 2021

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the settlement agreement arrived at between the

parties is a mutual and reciprocal one. The

respondent not performed her part. Therefore, the

execution proceedings cannot be proceeded.

3. In the settlement, the respondent agreed

for filing a joint divorce petition. In the

connected matter, O.P No.779 of 2013, a joint

petition was filed for divorce on mutual consent

under Sec.10A of the Divorce Act, 1869. That

original petition itself was dismissed for default

for the reason that the petitioner failed to appear

to give evidence.

4. The petitioner has no objection in

complying with the terms and conditions. The

respondent also has no objection. The dilemma

appears to be in regard to the priority of

compliance of the terms of the agreement. According

to the respondent, if the petitioner pays the amount

as agreed, she has no objection in filing a joint

petition for divorce. The petitioner apprehends OP (FC).No.149 OF 2021

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that if the amount is paid, the respondent will be

wriggled out from filing petition for divorce on

mutual consent.

5. Having adverted to the apprehensions of

both parties, we suggest the following modalities to

workout the settlement agreement. The learned

counsel for the parties readily accepted the

modality. The modalities are as follows:

i) The petitioner shall deposit the entire

money claimed in O.P. No.779 of 2013 within a period

of two months before the Family Court,

Thiruvananthapuram.

ii) The gold ornaments shall be produced before

the Family Court on the date the joint petition is

taken up.

iii) The O.P. No. 779 of 2013 would stand

restored to enable the parties to workout the

reliefs.

OP (FC).No.149 OF 2021

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iv) we direct the parties to appear before the

Family Court on 14.06.2021 to give evidence in the

joint petition. If both the parties on that day

agree for joint divorce, the Court shall pass

appropriate orders on the application on that day

itself.

v) Once the joint petition is being allowed,

the Family Court shall allow the respondent to

withdraw the amount deposited by the petitioner in

favour of the respondent as per the settlement.

vi) Gold ornaments also be handed over to the

respondent.

vii) If the composition as above is worked out,

the petitioner is free to challenge crime No.80 of

2009 registered in Poovar Police Station based on

the settlement as above.

viii) The respondent has no objection in OP (FC).No.149 OF 2021

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quashing the proceedings in the above crime.

ix) It is made clear that if the petitioner

fails to deposit the amount as above, he will not

have the benefit of their judgment. The Execution

Proceedings can be proceeded as though this Court

had not interfered with the impugned order.

x) To workout the settlement as above, the

Execution Court is directed to defer the Execution

Proceedings till the end of June 2021.

In the light of the settlement, we dispose of

this original petition as above.

Sd/-

A.MUHAMED MUSTAQUE

JUDGE

Sd/-

DR. KAUSER EDAPPAGATH

JUDGE

PR OP (FC).No.149 OF 2021

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APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE AWARD PASSED BY THE LOK ADALATH, THIRUVANANTHAPURAM IN OP NO.291/2010 DATED 04.05.2013.

EXHIBIT P2 THE TRUE COPY OF EP NO.50/2013 IN OP NO.291/2010 ON THE FILES OF THE FAMILY COURT, THIRUVANANTHAPURAM.

EXHIBIT P3 THE TRUE COPY OF EA NO.1/2021 IN EP NO.50/2013 IN OP NO.291/2010 ON THE FILES OF THE FAMILY COURT, THIRUVANANTHAPURAM.

EXHIBIT P4 THE TRUE COPY OF THE EA NO.2/2021 IN EP NO.50/2013 IN OP NO.291/2010 ON THE FILES OF THE FAMILY COURT, THIRUVANANTHAPURAM.

EXHIBIT P5 THE TRUE COPY OF EA NO.3/2021 IN EP NO.50/2013 IN OP NO.291/2010 ON THE FILES OF THE FAMILY COURT, THIRUVANANTHAPURAM.