Anoop Prakash vs Anju Prakash
2021 Latest Caselaw 3381 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

          THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

                                   &

                  THE HONOURABLE MR.JUSTICE C.S.DIAS

     FRIDAY, THE 29TH DAY OF JANUARY 2021 / 9TH MAGHA, 1942

                       OP (FC).No.474 OF 2017(R)

 AGAINST THE ORDER/JUDGMENT IN OP 1443/2013 DATED 14-07-2014 OF
                     FAMILY COURT, CHAVARA


PETITIONER/S:

      1         ANOOP PRAKASH
                AGED 31, S/O JAYAPRAKASH,RENJITH NIVAS,
                PULIYOORVANCHI EAST,THODIYOOR P.O., KARUNAGAPPALLY.

      2         SUSHAMA
                AGED 54, M/O ANOOP PRAKASH, RENJITH
                NIVAS,PULIYOORVANCHI EAST, THODIYOOR
                P.O.,KARUNAGAPPALLY.

      3         JAYAPRAKASH
                AGED 57, F/O ANOOP PRAKASH, RENJITH
                NIVAS,PULIYOORANCHI EAST, THODIYOOR
                P.O.,KARUNAGAPPALLY.

                BY ADV. SRI.SAJU J PANICKER

RESPONDENT/S:

                ANJU PRAKASH
                AGED 26, D/O PRAKASAN, KANNITTAYIL
                VEEDU,KULANGARABHAGOM, CHAVARA P.O.,KARUNAGAPPALLY-
                691 012.

                R1 BY ADV. SRI.N.SASANKAN PILLAI

     THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON
29.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP (FC).No.474 OF 2017(R)



                              JUDGMENT

Dated this the 29th day of January 2021

A.Muhamed Mustaque, J.

This original petition was filed challenging

Exts.P4 and P5, the judgment and decree

respectively in O.P.No.1443/2013 on the Family

Court Chavara. The above original petition was

filed by the respondent for realization of money

and gold ornaments from the petitioners.

2. Admittedly, the first petitioner and

respondent married in accordance with the

personal law on 28/8/2012. The parties,

ultimately, settled their disputes through

mediation before the Family Court. Based on the

settlement, a decree was passed allowing the

respondent herein to recover an amount of Rs.15

lakhs from the petitioners.

OP (FC).No.474 OF 2017(R)

3. There was also a settlement between the

first petitioner and the respondent in regard to

their marriage. Both the parties agreed to file

a joint petition for divorce. This original

petition was filed challenging that the

compromise is in-executable. It is stated in the

memorandum of appeal that the joint petition for

divorce was dismissed for default.

4. It has come out now that subsequent to

the settlement, the respondent filed an original

petition for divorce and that was allowed. That

divorce has become final.

5. The challenge made against the decree

and judgment invoking Article 227 of the

Constitution of India is obviously to get over

the bar under Section 19(2) of the Family Courts

Act, 1984. There is no dispute to the fact that

the petitioners compromised the dispute with the

respondent. The petitioners agreed to pay Rs.15

lakhs to the respondent. Acting upon such

agreement, the court passed the decree. There is OP (FC).No.474 OF 2017(R)

no jurisdictional error committed by the Family

Court in passing such decree. It is evident,

this original petition was filed to delay the

execution of the decree. This ought to have been

dismissed with heavy costs. However, we are

refraining from imposing costs. We, accordingly,

dismiss the original petition. No orders as to

costs.

Sd/-

A.MUHAMED MUSTAQUE

JUDGE

Sd/-

C.S.DIAS

JUDGE ms OP (FC).No.474 OF 2017(R)

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF OP 1443 OF 2013 FILED BEFORE THE FAMILY COURT, CHAVARA.

EXHIBIT P2 THE TRUE COPY OF THE OBJECTION FILED IN OP 1443 OF 2013 FILED BY THE PETITIONERS

EXHIBIT P3 THE TRUE COPY OF THE TERMS AND CONDITIONS ENTERED IN THE ADALATH BY THE PETITIONERS AND RESPONDENT.

EXHIBIT P4 THE TRUE COPY OF THE JUDGMENT IN OP 1443 OF 2013 OF THE FAMILY COURT, CHAVARA.

EXHIBIT P5 THE TRUE COPY OF THE DECREE IN OP 1443 OF 2013 OF THE FAMILY COURT, CHAVARA.

EXHIBIT P6 THE TRUE COPY OF OP (HMA) 443 OF 2015 FILED BEFORE THE FAMILY COURT, CHAVARA.

EXHIBIT P7 THE TRUE COPY OF OP 617 OF 2014 FILED BEFORE THE FAMILY COURT, CHAVARA

EXHIBIT P8 THE TRUE COPY OF THE JUDGMENT IN OP 617 OF 2014 OF THE FAMILY COURT, CHAVARA.

EXHIBIT P9 THE TRUE COPY OF EP 17 OF 2015 IN OP 1443 OF 2013 OF THE FAMILY COURT, CHAVARA.

EXHIBIT P10 THE TRUE COPY OF THE MAINTAINABILITY PETITION FILED BEFORE THE FAMILY COURT, CHAVARA.

RESPONDENT'S/S EXHIBITS:

EXHIBIT R1(a) TRUE COPY OF THE B-DIARY PROCEEDINGS IN O.P. NO. 617/2014 OF THE FAMILY COURT, CHAVARA.

EXHIBIT R1(b) TRUE COPY OF THE JUDGMENT PASSED IN O.P.

(FC) NO. 38/2016 DATED 02/03/2016 OF THE HON'BLE HIGH COURT OF KERALA

EXHIBIT R1(c) TRUE COPY OF THE B-DIARY PROCEEDINGS IN O.P. NO. 443/2015 OF THE FAMILY COURT, CHAVARA.

EXHIBIT R1(d) TRUE COPY OF THE APPLICATION WITH AFFIDAVIT FILED BY THE 3RD PETITIONER BEFORE FAMILY COURT, CHAVARA DATED 13/04/2016.