Kerala High Court
Anil Kumar vs Sunanda on 13 December, 2021
IN THE HIGH CoURT oF RERAln AT ERNARIJLm4
PRESENT
TEIE HONOURABLE MR. JUSTICE Zl.MUHAMED MUSTZIQUE
&
THE HONOuRABLE MRs. OusTlcE sOpHy THOMns
MONDAY, THE i3TH I)A¥ oF DECEneER 2o21/22ND AGRAm¥ANA, 1943
RAT.APPEAli NO. 7910F 2016
AGAINST THE ORDER/JUDGMENT IN Opmm 223/2oi3 OF FziMII.I
cOuRT , imvELIKKziRA
APPELIIANT/PETITIONER:
ANILKUMAR
KEEMATH VEEDU, ORIPURAM MURI, CHENNITHALA
VILLAGE, MAVELIKKARA TALUK.
BY ADVS.
SRI . GEORGE VARGHESE (PERUMPALLIKUTTIYIL)
SRI . A . R . DILEEP
SRI.P.J.JOE PAUL
SRI.MANU SEBASTIAN
RESPONDENT/RESPONDENT:
SUNANDA
AGED 39 YEARS
D/O.GOPINATHA PILLAI, SUNANDALAYAM, PEljA P.O. ,
KANNAMANGALAM VILLAGE, MAVELIKKARA TALUK,
ALAPPUZHA-690101.
BY ADV SRI.S.VASUDEVAN
THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON
13.12.2021, ALONG WITH Mat.Appeal Nos.862/2016 & 903/2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Mat.Appeal Nos.791 of 2016 & conn. cases 2
IN THE HIGH COURT OF KERAIA AT ERNAKUI.AM
ERESENT
THE HONOURABLE MR. JUSTICE A.MtJIIAIED MtJSTAQUE
&
THE HONouRABLE ins. eusTlcE SoPH¥ THoins
Mo"¥, THE 13TH DAY 0F DECEMBER 2021/22ND AGRAHAYANA, 1943
RAT.APPEAL NO. 862 0F 2016
AenlNST THE ORDER/ruDcoflNT IN OPGRT 139/2ol4 oF FAMILy
cOuRT , invEI.IKKziRA
ZPPELENI PETITIONER:
ANIIj KUMAR
KEEMATH VEEDU, ORIPURAM MURI, CHENNITHALA
VILLAGE, MAVELIKKARA TALUK.
BY ADVS.
SRI . GEORGE VARGHESE ( PERUMPALLIKUTTIYIL)
SRI . A . R . DILEEP
SRI.P.J.JOE PAUL
SRI.MANU SEBASTIAN
RESPONDENT/RESPONDENT :
SUNANDA
AGED 39 YEARS, D/O. GOPINATHA PILLAI,
SUNANDALAYAM, PELA P.O. , KANNAMANGALAM VILLAGE,
MAVELIKKARA TALUK, ALAPPUZHA-690106.
BY ADV SRI.S.VASUDEVAN
THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON
13.12.2021, ALONG WITH Mat.Appeal.791/2016 AND 903/2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Mat.Appeal Nos.791 of 2016 & corm. cases 3
IN THE HIGH COURT 0F KERAIA AT ERNAKUILAM
PEuSENT
THE HONOuRABI,I in. dusTlcE A.MUHAMED MusTnQUE
a
THE I]oNouRABLE ms. rusTlcE sopH¥ THORAs
MONDAy, THE i3TH DAy OF DECEREER 2o2i/22ND AGRAmyANA, 1943
RAT.APPEAL NO. 903 0F 2018
AGAINST THE ORDER/JUD®ENT IN 0P (others) 467/2015 0F
FAMII.Y COURT , MZIVELIKKARZI
APPEI.IIANT/PETITIONER:
ANILKUMAR
S/O.RAMAN NAIR,
KEETHAMATH VEEDU,
ORIPRAM MURI,
CHENNITHALA VILI.AGE
BY ADVS.
GEORGE VARGHESE ( PERUMPALLIKUTTIYIL)
A. R. DILEEP
P.J.JOE PAUL
RESPONI)ENT/RESPONI)ENT:
SUNANDA
D/O . SARALA,
S UNAN DALAYAM ,
PELE MURI,
KANNAMANGALAM VILLAGE - 690106
BY ADV SRI.S.VASUDEVAN
THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON
13.12.2021, ALONG WITH Mat.Appeal.791/2016 & 862/2016, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Mat.Appeal Nos.791 of 2016 & conn. cases 4
A.MUHAMED MUSTAQUE &
SOPHY THOMAS, JJ.
Mat.Appeal Nos.791 & 862 of 2016
& 903 of 2018
Dated this the 13th day of December, 2021
JUDGMENT
A.Muhamed Mustaaue, I.
These appeals are related to matrimonial disputes arising
between the same parties. The appellant, Sri.Anilkumar,
approached the Family Court, Mavelikkara in O.P (HMA) No.223
of 2013, seeking divorce. That petition has been dismissed.
Challenging the dismissal of the petition for divorce, he has
come up with Mat.Appeal No.791 of 2016. Sri.Anilkumar had
also filed a petition as O.P (G&W) No.139 of 2014, for appointing
him as guardian of the minor child, and for getting custody of
the child. That petition also has been dismissed. Challenging
the same, he filed Mat.Appeal No.862 of 2016. Sri.Anilkumar
filed O.P (others) No.467 of 2015 before the same court, seeking
declaration of right, title and possession over the property. The
Mat.Appeal Nos.791 of 2016 & conn. cases 5
said petition also has been dismissed. Challenging the same, he
filed Mat.Appeal No.903 of 2018.
2, The parties were referred for mediation. In the
mediation, they resolved all the disputes and agreed for mutual
divorce. The parties have also settled the criminal case
registered against the appellant Sri.Anilkumar, on the basis of
the complaint of the respondent Smt.Sunanda, as C.C No.3403
of 2014 before the Judicial First Class Magistrate Court-I,
Chengannur.
3. The parties are present before this Court today. They
have filed a joint petition under Section 138 of the Hindu
Marriage Act, 1956, for divorce by mutual consent. We
interacted with the parties, and once again ascertained from the
parties in regard to their stand on the petition for divorce by
mutual consent. Both parties affirmed in their decision. The
parties are living separately for the last more than eight years.
4. In such circumstances, we are of the view that cooling
off period also can be waved. In the light of the settlement
arrived at between the parties before the mediator, these
appeals are disposed of as follows:
Mat.Appeal Nos.791 of 2016 & conn. cases 6
The marriage between the appellant and respondent
solemnised on 21.01.1997 is dissolved by a decree of divorce.
The custody of the child will be in accordance with the
settlement agreement between the parties. The property stands
in the joint name, as referred in the compromise, is ordered to
be equally divided as per the sketch attached to the
compromise. It is open for the parties to execute a partition
deed in accordance with the settlement agreement. The parties
are also free to move the Family Court for passing of final decree
in terms of the compromise.
Sd/-
A.MUHAMED MuSTAQUE
JUDGE
Sd/-
SOPHY THOMAS
JUDGE
Smp
r.+
BEFORE THE HONOURABLE HIGH COURT OF KERAIA
Mat. A. No. 791 / 2016
Mat. A, No. 86a/ 2016 &
Mat. A, No. tJ03 / 2018
Anil Kumar Appellant
Vs
Sunanda Respondent
®
MEDIATED SETTLEMENT AGREEMENT
(Under Rule 24 of the Civil Pr)cedure (ADR) Rules, 2008)
The dispute covered in the above cases was referred for Court annexed mediation
and was mediated by Mr. Jose A. J. (Aedaiodi), Advocate and Accredited Trainecd
Mediator and parties have agreed to settle the dispute as under:
1. The parties have decided to file joint i]pplication for divorce on mutual consent.
2. The petitioner and respondent (Shri. Anilkumar & Smt. Sunanda) have agreed
that their minor child named Amritha shall be in tl`e custody of her mother Smt.
rl Sunanda. Father of the minor Shri. Anilkumar shall have visitation right on all
second and fourth Saturdays between 9 a.in. and 5 p.in. He can take the child
from her residence to his house between the said period during the above said
days. The parties shall have liberty to approacll Family Court, Mavelikkara for
appropriate orders for the custody of the minor child in case of change in
circumstances which affects the welfare of the child.
idurndrr\cflA`
Keraiasto .... ` . 4rumaiioncente
High Court of Kerala
Kochi -682 031
3. The petitioner Shri. Anilkumar and respondent Smt. Sunanda shall have equal
right over 6.70 Ares of property in Re. Sy. Nos. 50/16-23-2, 50/16-24-2 and
50/23-2-2 in Block No. 3 in Chennitha!a Village which is the plaint schedule
property in 0. P. (Others) No. 467/15 from which Mat. A. No. 903/2018 arose.
The same shall be divided equally as per the divisions made in the plan
appended to this compromise and appropriate documents shall be executed by
each party for getting their absolute right over the respective shares. The parties
agree to execute the necessary docuriients in this regard within a period of five
months.
4. The respondent in the above appei.il has no objection in setting aside the
0 conviction and sentence awarded to tlie petitioner in C. C. No. 3403/2014 on the
file of the Judicial First Class Magistrate Court -I, Chengannur, from which Crl. A.
No. 146/2019 pending before the Ad..iitional Sessions Court-I, Mavelikkara. The
respondent is ready and willing to file affidavit/compromise facilitating
termination of the conviction and sentence imposed on the petitioner in C. C. No.
3403/2014 on the file of the Judicial First Class Magistrate Court - I, Chengannur.
The petitioner shall have the libert`,J to initiate independent proceedings for
quashing the said proceedings and the respondent shall facilitate the process by
filing appropriate affidavit/compromist?,
5. The respondent has agreed to withdraw E. P. No. 30/2021 in 0. P. No. 176/2013
rl pending before the Family Court, Ma\Jelikkara, The petitioner has no objection in
transferring an amount of Rs. 58,000 /- on behalf of the minor, from
Rs.1,25,000/-deposited in the name of the petitioner in Union Bank of India,
Cherukole Branch. The said amount shall be transferred to the account of the
respondent, the details of which will I)e provided by her to the petitioner as well
as the Bank concerned. The balance shall be transferred to the account of the
petitioner as agreed between them. Both petitioner and respondent shall make
4.A"n4
Keta`astateMedi.tio"ndco€iha`ioncentre
H`gKho:h:u.rt6:'2Koe3'ta'a
necessary steps for transferring the amount as aforesaid within a period of two
weeks.
6. The petitioner has agreed to enhance the amount of maintenance to the minor
to Rs.3,000/- per month from the month of November, 2021 and to deposit the
same to the account of the respondent the details of which will be provided to
him. The petitioner shall undertake to continue the said payment till the
marriage of his daughter, Amritha. The respondent Smt. Sunanda has
relinquished her right for maintenance from the petitioner and agrees not to
make any claim against the petitioner for maintenance. The respondent agrees
to withdraw I. A. No. 1/2021 in O.P. No. 176/13 pending before the Family
rl Court, Mavelikkara.
7. By this agreement, the petitioner anc! respondent have settled all their disputes
and they shall have no further claim against each other in future including any
c-
financial claim.
Dated this the 28th day of October, 2021
I :. '. . ` .... `. -.
Appellant Respondent
``:.:.:`:,:```:..`. ; ` i.`..``.`= ..
ii]
co#oP:i:A%`kent Counsel for the Respondent
KeTa\asute#:g::;:£:.:6n:dt2CK#a`\`;a"Once"
'\Qfro4ff§ulflap^
• TP 8 8 82d. 50|ldri3r2 43=4,3¢.:
'=;I 14-24-2 0+ .14 Sfyro
TP LLo9chA#) 5o /L3-a-Z 2.Pd®l 9+`7 Styp
C|
ivbroreeiJ)*
Tp €Loqdsf lr? C-)
su.r.anEL
3`3S-A¢eA
5o/2 3. i - 2-
kera`aStateMediatienand
Con€"atonc€mre
Htghcourt_9t^K^e^r.a(a
hi\t=ca ` :`.`......,...,..,..-..- i.::`
