Nikhil vs Dafed This The Gth Dayl O€ Apni.I ...
2021 Latest Caselaw 11631 Ker

                  IN    THE HIGE COT'RT OF KERAI,A AT            ERNATIT'I,AM

                                             PRESEI{T

             TEE       EONOTTRABLE     MR.   dTUSTTCE A.MI'EADTED MtSTAQttE

                                                6

                 THE   TTONOURABI|E    DR. JUSTICE       KAUSER EDAPPAGATE

      FRrDAy, THE 09TH DAy OF ApRrL 2O2L                   / lgTE CEATTERA,     Lg43
                                Mat.Appea]..No. 735 OF 2020
      AGAINST THE iIITDGMENT           IN O.P.NO.2L53/2015        DATED 1?.08-2019
                               oF FA!,lItY COIIRT, ERNAIGULAI.{


APPELI,AN'T/S:

                  DEEPA, AGED 32          YEJARS,
                  D/O.I.ATE RAPEEL        AT.ID W/O.EDAI(OODAI{     NTKEIL,
                  !'iAI{NA}{   P.O.,   PARAVUR TALUK,
                  ERNAICT LAIT{    DISTRfCT, No[[ RESfDfNG
                  AT AI{dIATTUPARAIT{BIL       ,    VARiAPPUZBA DESOM,
                  PNRAVT'R EilT,IIR.

                  BY ADVS.
                  SRT . DINESE R. SEENC'T
                  SRI.EBIN Ifi,TEE!I
                  SRI . P. ROETT PREI{AI{ANDAII         SHENOY
                  SI4T. L. PREETIIA

RESPONDENIP/S:

        1         NIKEIL, AGED 35 YEjARS,
                  s/o. EDAr(ooDAlI TEOlln,S PAUr,,
                  NEAR AppA SEOI{ ROOM, }B}INA}d.p.O.,
                  PARiAVITR, ERNAKUL,AM DISTRICT ,
                  PrN-583 520.
       2          TEOMAS PAIIL, AGED 56 YEARS,
                  S/O. EDAI(OODAI{ THOIdAS PAT'L,
                  NEAR AppA SEOhr ROOld, t{Al{NA}d.p.o.,
                  PARAVIJR, ERNAICTTLAI{ DISTRICT,
                  PrN-583 520.
                  R1-2 BY ADV. SRI.PREMCEAI{D R.NAIR
                  R1-2 BY ADV. SRI.GEORGE BRISTON
                  R1-2 BY ADV. SRT.V.P.PRASA}ITB
                  R1-2 BY ADV. SIf,.C.A.RAI T ATiITONY
THf S MAIRIMONTAL APPEAL EAVfNe BEEN FfNAI,LY EEjARD ON 09 .04 .202L                   ,
THE COI'RT ON THE SAII{E DAY DELTVERED TEE FOLLOTTING:
 Mat . Appeal . No . 735/2020




                                      .frTDGilETiRT

                 Dafed this the gth dayl o€ Apni.I               2O2L

            rhi   s   appeal was fi led                    by      Smt. Deepa
    chal'lenging the decree- and judgment                   in   g. p.no'.?t5l
    of      201-5fi I ed by he r for the retu rn of gol d
     ornaments and other arti cl es. eendi ng ori gi na1
     peti ti on , the parti es resol ved thei r d'isputes
     bef,ore the mediator. rhe parties agreed to a joint
    divorce and also agreed to the terms regard-ing the
    monetary claims and other claims. A joi nt
    compromi se pet,i ti on has al so been fi I ed before
    thi s cou rt al ong wi th r . A. rrro. 1 of 202L. sased on
    the joint eompromise, the parties agreed to
    dissolve thei r rmarriage by mutual consent. trte
    interacted with the appellant-Deepa online. rhe
    fi rst respondent-rrti khi I i s present i n Berson. tnte

a:l so i nte racted wi th hi m . Both parti es are f i rm i n their decision to dissolve the marriage by mutual consent.

. As pe r the agreement , the respondents

agreed to pay Rs.5,00,000/-(Rupees five lakhs onl y) to the appel I ant on or before 26.05 .ZOZL. rf the re i s any delay , that wi 1l car ry the i.nterest Mat . Appeal . No . 735/ 2020

at L2%. There was al so an agreement to cl ose other proceedings. It was also agreed to return nlmirah, Air conditioner, computer cpu and hard disk to the appellant by the respondents.

rn the -li ght of the above , w€ di spose of thi s appeal wi th the fol I owi ng di recti ons :

The marriage between the appel lant and the first respondent will stand dissolved by a decree of divoree by mutual eonsent. rhe eompromise agreement wi 11form part of the judgr+nent and operate as a decree in regard to the claims and obl i gatl'onsof the parti es . on fai I u re , the appel :l ant i s f r:ee to execute the dec ree 'i n an appropriate manner.

sa/ _

A.MrEAlr{ED MUSTAQUE

sa/ _

DR. KAUSER EDAPPAGATE

.'I'DGE

l-n L

BEFORE THE HON'BLE HIGH COURT OF KERALA, ERNAKULAM

I.A.No. I I

or zozu in

Mat.Appeal No. 735 OF 2020

lst Petitioner - ooetlant:

Deepa, aged 32 years, D/o.late Raphel, Mannam P.O, Paravur Taluk, Ernakulum District, now residing at Anjattuparambil, Varappuzha Desom, Paravur Taluk.

And

Petitioners 2 & 3 /RFsoondFnfs:

1. Nikhil, aged 35 years, Slo.Edakoodan Thomas Paul, Near Appa Show Room, Mannam P.O., Paravur, Ernakulam District, Pin - 683 520.

2. Thomas Paul, aged 66 years, Slo.Edakoodan Paulo, near Appa Show Room, Mannam P.O., Paravur, Ernakulam District, Pin - 683 520.

JOrNr COMPROMTSF,PFJTT{ON FJ,LEp UNP,FR Onp#R 23

-I'I' RULE 3 R SECTION 89 qF THE CODE 9F CIVTL PROCEDURE

I 1. The lst and 2nd petitioners are practicing Christians, belonging to the Catholic community and they are governed* by Christian law. Their marriage was solemnized on 28/L/20t3 at the Syrian Catholic Church, North Paravur. There are no issues in the wedlock.

2. After: the marriage, differences of opinion and discord started in their marital life, which developed to irresolvable proportions. On account of the disputes and discords, the 1st and 2nd petitioners had drifted apart mentalty and physically, and they have been living separately since LL|S/20L4 for 6 yearsnow. il[ ) i' $ S 2d r&r{"" / :-t n^nr#{'

3. Thereafter, flrst petitioner had filed MC.No. 43120L4 before the Judicial First Class Magistrate Court, Notth Paravur under the Protection of Women from Domestic Violence Act o 2005, which is pending adjudication. Another criminal case, CC.No.28Ll20L7, filed under Section 498A of the IPC is also pending before the Judicial First Class Magistrate Court, North Paravur. During the pendency of the said cases, the znd petitioner had filed OP.No.783/2015 also before the Family Court, Ernakulam for divorce and the first petitioner had filed 0P.No.2153/2015 before the Family Court, Ernakulam for return of gold ornaments, money and other gifted articles. OP.No.2153l20tS had been dismissed against whlch the above appeal is filed before this Honourable Court. Since OP.No.783/2OtS was dismissed foe default, the first petltioner had thereafter filed OP.No.1883/2019 for divorce, which is presently pending before the Famlly Court, Ernakulam.

4. In the meanwhile, this Honourable Court had referred the above appeal for rnediation before the Mediation Centre, High Court of Kerala, and after detailed mediation talks, the petitioners had entered into a Mediation Settlement Agreement on 3L/3|2OZL, agreeing to settle all disputes amicably"

5" Accordingly, it is agreed by the petitioners that respondents shall return back the Almirah, Air condiHoner and computer CPU along wlth hard disk Inside, to the 1st petitioner forthwith and to pay Rs.5,00,000/- (Rupees Five Lakhs only) to the appellant on or before 26151202t. If any delay is caused in payfnent, the arnount shall carry interest at tzo/o per annurn. Appellant has agreed that except wlth regard to the matters stated above, all flnancial claims

,v( ,,$,

between the parties have been fully and finally settled and no other further claims subsist against each other. Parties also agreed that a decree of divorce may be passed dissolving the

2. It is also agreed marriage tie between petitioners 1 and that both parties shall withdraw /close all cases and complaints filed against each other and neither party shall hereafter file any further cases against the other with regard to this matrimonial relationship.

6. take steps to close all the cases 1st petitioner shall filed against the respondents, including MC.No.43l20L4, CC. 28L/20L7 pending before Judicial First Class Magistrate Court, North Paravur. Respondents shall co-operate for the same by filing necessary petition before the Honourable High Court of Kerala and Appellant shall co-operate for the same by filing supporting affidavits and other necessary documents before courts including Honourable High Court of Kerala.

7. Both appellant and the first respondent hereby undertake that they shall remove all the social media posts against each other and also undertake they will not make any further comments or posts in social media against each other. o

8. A copy of the decree/award in this case can be produced before the Ecclesiastical Court to enable passing of such further orders as are required therein to completely effectuate and implement this settlement at the earliest and neither party shall be entitled to object to the passing of such orders .

9. Both parties agree that an executable award shall be passed on the basis of this agreement and if either party violates any of the terms of this agreement, the other party shall be entitled to execute the same. I

,)3 t.

V.

10. Accordingly, this Joint petition is belng filed today, praying that this Honourable Court may be pleased to pass:

(a) A decree of divorce dissolving the marriage tie between the parties"

(b) Directing the petitioners 2 and 3 to return the almirah, Air conditioner, computer CPU with hard disk forthwith to the first petitioner and to further pay an amount of Rs. 5 fakhs on or before 26/5/2AZt, without any default. If any default is caused in the matter of return of articles or repayment of money, the defaulted amount wlll carry interest a at L2o/o per annum after 26/5/2021 onwards.

Dated this the 9th day of April 202L.

                                                   t"'0"tffi
Counsel for the    *,29
                  s|F                                                    o
                                             Petitione rs   2.$

                                                            sB6APJ,'
         h^cl,and ' Q' N o' ,
counset for Petition#3fU'30?