Kerala High Court
P.K.Sivadasan vs Jainy on 9 April, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 09TH DAY OF APRIL 2021 / 19TH CHAITHRA, 1943
Mat.Appeal.No.1128 OF 2018
AGAINST THE JUDGMENT IN OP 2213/2015 DATED 13-08-2018 OF FAMILY
COURT,ERNAKULAM
APPELLANT/PETITIONER:
P.K.SIVADASAN,
AGED 51 YEARS
S/O.P.J.KOCHE, PULIMOOTTIL BARCLAY VILLAS,
CHEMUMUKKU, KAKKANAD P.O., PIN-682 030.
BY ADVS.
SRI.SUBAL J.PAUL
SMT.SHEEBA THOMAS
RESPONDENT/RESPONDENT:
JAINY,
46 YEARS, D/O.T.O.DAVID, PULIMOOTTIL BARCLAY VILLAS,
CHEMBUMUKKU, KAKKANAD P.O., PIN-682 030.
R1 BY ADV. SRI.S.SACHITHANANDA PAI
THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON
09.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Mat.Appeal No.1128/2018
2
JUDGMENT
Dated this the 9th day of April 2021
A.MUHAMED MUSTAQUE, J
This appeal arises from the judgment dated 13.08.2018
in O.P.No.2213/2015 of the Family Court, Ernakulam. The
above original petition was filed by the appellant herein
for divorce under the Hindu Marriage Act, 1955. The above
original petition has been dismissed. Challenging the
same, this appeal has been preferred
2. In appeal, the parties were referred for
mediation. Parties have resolved the dispute and a
settlement agreement has been signed. The settlement
agreement is on board along with the report of the
Mediator.
3. The appellant is a Hindu by religion and the
respondent admittedly is Christian. The marriage was
solemnized in accordance with the Hindu religious rites and
ceremonies. The parties have no objection in declaring the
marriage as null and void in accordance with the Hindu
Marriage Act and as per the settlement agreement.
4. In the light of the above fact, we are of the view
that the marriage between P.K. Sivadasan/appellant and
Jainy/respondent solemnized on 28.4.1996 has to be declared
as null and void.
Mat.Appeal No.1128/2018
5. M.C.No.371/2017 was filed by the wife/respondent
herein and the daughter before the Family Court, Ernakulam.
The appellant has legal obligation to pay maintenance as
per the order of the Family Court. There are petitions
pending before the Family Court to execute the order in MC.
The parties have resolved that dispute also. The appellant
agreed to pay a sum of Rs.30 lakhs to the wife and Rs.20
lakhs to the daughter. The daughter is major now. It is
submitted that the amount has already been transferred in
the name of the wife and daughter. The wife and daughter
are present and they admitted the receipt of the amount.
In the light of the receipt of the amount as above, all the
proceedings in the above MC are directed to be closed. The
Family Court, Ernakulam shall close all the proceedings in
MC, recording the satisfaction. The daughter and wife have
filed separate affidavits stating the terms of settlement.
The daughter in her affidavit stated that she will not
claim any future maintenance or marriage expenses from the
appellant. The same is recorded.
6. We therefore dispose of the appeal as follows:
The marriage between P.K.Sivadasan/appellant and
Jainy/respondent is declared as null and void. In view of
the receipt of Rs.30 lakhs by Jainy/respondent, she will
not raise any claim in future against P.K.
Sivadasan/appellant. The daughter also, in full and
final settlement of the sum of Rs.20 lakhs, will not have
Mat.Appeal No.1128/2018
any further claim against the appellant/father, including
future maintenance and marriage expenses. The Family
Court, Ernakulam is directed to close all proceedings in
M.C.No.371/2017, recording the satisfaction. The key of
the house, as agreed in the settlement, has been handed
over by the respondent to the appellant.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
DR. KAUSER EDAPPAGATH
kp True copy JUDGE
P.A. To Judge
