Kerala High Court

Rinsa vs Abdul Vahid on 15 July, 2021

 

IN THE HIGH COURT OF RERALA AT ERNMARULAM
PRESENT
TRE HONQURABLE MR. JUSTICE A MURAMED MUSTAQUE
&
TEE HONOURABLE DR. JUSTICE KRAUSER EDAPPAGATE
THURSDAY, THE 15°" DAY OF JULY 2021 / 24TH ASHADRA, 1942
MAT APPEAL NO. 22 OF 2020
AGSRINST TRE ORDER DATED 10.42 9019 In Ta 23BaLfis IN oP
88/2019 OF FAMILY courrT,

ATTINGAL
APPELLANT {RESPONDENT :

food

Mat. Appeal No.22/2020

J UOOGME NT Dated this the 18% day of july, 2621

A.Mufamed Mus tague, 3.

The dispute between the appellant and respondent was mediated and settled in mediation. The mediation settlement report is on hoard. It is submitted by both counsel that the appellant has received the entire amount pursuant to the settlement. what now remains js only a crime registered under Section 4984 of the TPC and it 3s decided that the appellant will take necessary steps to quash the same. Recording the above settlement, the appeal is disposed of. The mediatjon agreement will form part of this judgment.

Sd/~

A.MUSAMED MUSTROUE CURGE Bibs BR. BAUSER EDAPPAGARS JODGE

kp True copy

PAL To hele

Memorandum of Agreement under Section 89 of the Code of Civil Procedure Read with Rule 24 and 25 of the Mediation Rules 2005 Civil Procedure (Alternative Dispute Resolution) Rules 2008

Wetore the honble Bigh Court of Rerala Eranakulam aT Appeal Ao. 22 /2020

RINSA sooes APPELLANT ABDUL VAHEED sues RESPONDENT

1 The appeal is against the order [ A No.r34i/z019 in OP

-- No.988/19 of the hon'ble Family Court Attingal, wherein an order was passed, restraining the appellant from trespassing into the residential building and shop situated in the property, having an extent of 28.60 ares, comprised in Re Sy No.385/17 of Vellalloor Village, or from taking away money, gold ornaments or household articles from therein, or from committing any waste therein. Against that the present

~ appeal was filed. While considering the appeal against the order of the Family Court Attingal, the honble High Court referred the matter for mediation under Section 89 of the CPC. On mediation it is revealed that the following cases are pending before the hon'ble Family Court Attingal.

if OP No.s88/19, filed by Abdul Vahid, against the appellant herein for a permanent prohibitory injunction, ii, Another OP No.ssg/19, filed by the appellant against her husband Haris and three others for realization of

money, gold ornaments, future maintenance etc. ii, MC No.278/19, filed by the appellant herein under 125 CrPC for maintenance.

. The appellant's husband, Haris is not in station as he

employed abroad, and he appeared before the mediator through his power of attorney holder, who is the respondent in the MAT appeal.

Upon effective mediation both the parties expressed that

there is no chance for a reunion, Both the parties are intended

to settle the dispute between them amicably.

There are no children in the wedlock.

After discussions both the parties agreed to settle the entire dispute in all the cases between them on the following terms and conditions,

a. The petitioner/appellant and her husband agreed to dissolve the marriage by filing a mutual divorce petition before the Family Court Attingal.

b. The respondents in OPss9/19 and the appellant herein discussed the matter, and it was agreed in terms of full and final settlement of all the cases. The respondents agreed to provided 40 sovereigns of gold ornaments and rupees five lakhs fifty thousand (Rs.3,50,000/) to the appellant in the MAT appeal within 3 months from

today. It is agreed that the appellant relinquishing all

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her rights on receipt of the above mentioned money and

gold ornaments. She hereby relinquish all her rights, past and future maintenance, compensation and those rights available as per the Muslim Women (Protection of Rights on Diverece) Act, especially those contemplated under Section 3 of the said act. Further the appellant is hereby relinquishing all rights as per the Protection of Women from Domestic Violence Act.

. It is agreed between the parties that out of the above

mentioned go sovereigns of gold, 30 sovereigns would be handed over on the date on which the divorce order is passed between the appellant and her husband Haris. The balance 10 sovereigns of gold and the money agreed would be transferred within the above mentioned period of 3 months. The divorce petition has already filed today.

. On receipt of the yo sovereigns of gold ornaments it is

agreed that the appellant would lift the attachment over the properties attached, except the property wherein the residential building situates. For the lifting of attachment over the properties above mentioned the condition preceded for providing the balance quantum of gold ornaments and money as the respondents had to raise the money by pledging or selling some portion or

entire portion of property, from which the attachment is being lifted.

The appellant agreed that she would never violate the order in TArgg1/ig in OPs588/19 and she would never

forcibly enter into the house, er any of the property

rned by the respondent. There is na need or necessary to challenge the order in 1A1341/19. It is also agreed that the appellant (Rinsa) would make necessary arrangements for withdrawing/ settling/ make arrangement for quashing the FIR and case under Section 498A of IPC that she had preferred against the respondents herein (her husband and the parents and other relatives of her husband). Further she agreed that she would hand over a duly attested vakalath and an affidavit for preferring a petition before the hon'ble High Court of Kerala for quashing the above mentioned cases, | Similarly another complaint was lodged by the appellant before the Kilimanoor Police, crime No.45/2020, which is still pending. The said case also could be quashed and the appellant is ready and willing to provide affidavits and vakalath for the same.

. It is also agreed that the parties in this case will not

prefer any cases against each other for any monitory claims, as all the monitory claims have been settled.

. lf the respondents could not effect the handing over of

gold ornaments and money, the appellant would be at liberty to file execution petition, and to realize the market value of gold ornaments, and the money with gow per annum from the respondents and their assets. There

would be the first charge over the properties owned by

the respondents, wherein the attachment is not lifted as per the present mediation.

i, The appellant agreed to withdraw the MC278/19, and she is not in need of any maintenance, and she would not press any relief as per the said MC.

j. Both the parties agreed to bear their respective fee of litigation.

Hence it is humbly prayed that in [Ar341/19 OP Nosse/i9 , OP 588/19 and the MC 278/19 are settled according to the stipulations mentioned above.

Wea a) NEE M

Appellant / 'Petitioriet in OP 559/19

Respondents . Abdul Vahid at

2. Ruhiyanath Beevi eevdyyertalle (for herself and on behalf of the first respondent)

3. Haseena A ' ih ae.

Advacates o Oe

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