Kerala High Court
Binu Joseph vs Sudhi Sebastian on 15 July, 2021
IN THE HIGH COURT OF KERALA AT ERNARULAM
PRESENT
THE RONCURABLE MR, JUSTICE A.MUHAMED MUSTAQUE
&
FRE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATS
THURSDAY, THE 15°! may OF JULY 2021 / 24TH ASHADSA, 15943
AGAINGT THE CUNGMENT DATED 7.9. 2018 IN OP 2144/2019 OF FAMILY
COURT, TRALASSERY
BPPELLANT / PETITIONER :
beck
Mat. Appeal No. 21/2019
JuPBpawnMeN TY
Dated this the 19° day of July, 2021
A.Mubased Mustague, J.
This appeal was filed challenging the judgment
dismissing a petition fer divorce Filed by the
appellant under the Divorce Act. 1869. The respondent
is the wife, Their marriage was solemmized on
14.7,2014, in accordance with the Christian religious
rites and ceremonies.
7. In this matter, the parties have arrived at a
settlement and mutually agreed to separate under
Section 1GA af the Diverce Act. A Settlement agreement
has been arrived at between the parties in mediation.
The report of the mediator is alsa on board. As5 per
the settlement, the appellant agreed to pay
@s.3,006,000/- to the respondent. It is submitted by
the respondent's counsel that he received oD for Rs.3
lakhs drawn in the name of the respondent. The
submission is recorded.
3, We interacted with the parties. They appeared
online, They have been identified by the respective
Mat. Appeal No. 21/2019
"33i-
counsel. On dnteraction, they are firm in disselving
the marriage on mutual consent. They are living
separately for the vast more than 6 years. We are
satisfied with the bona fides of the parties for
separation on mutual consent. Tn the Tight af the
above, we dissolve the marriage of the parties
solemmized on 14.7. 2014 by a decree of divorce. The
compromise will form part of the judgment. The Family
Court, Thalassery and 'Payam Grama Nyalaya Nyadhtkard'
shall act upon the compromise entered between the
parties.
The appeal is disposed of.
A.MURAMER MUSTAQUE
JUDGE
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DR. KRAUSER EDADPPAGATH
JUDGE
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Tree copy
PLA, To Judge
, BEFORE THE HONOURABLE HIGH COURT OF KERALAAT
ERNAKULAM
Binu Joseph > Appellant
~~
¥s.
Sudhi Sebastian : Respondent
MEMORANDUM OF AGREEMENT UNDER SECTION 99
OF THE CODE OF CIVIL PROCEDURE READ WITH
RULES 24 & 25 OF THE CIVIL PROCEDURE
(ALTERNATIVE DISPUTE RESOLUTION),RULES, 2008:
Both the parties have agreed to settle the dispute between them
under the following terms and conditions:
1, The Appellant agrees to pay Rs.3,00,000/-
(Rupees Three Lakhs only) to the Respondent towards
the full and final satisfaction of the monetary claims
raised by the Respondent against the appellant and his
mother.
The parties have agreed to file Joint Petition for
Diverce on or before 06/06/2021.
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The Respondent shall sign the Joint Petition for
Divorce on the date of entrusting of D.D for
Rs.3,00,000/- (Rupees Three Lakhs only) to the
Counsel for the respondent by the Appellant. An
acknowledgment of the receipt of D.D shall be given to
the Appellant/his Counsel.
The Counsel for the respondent shall keep the D.D tll
the withdrawal of OP.No.1062/2019 pending before
Family Court, Thalassery and MC.No.5/2018
pending before 'Payam Grama Nyalaya Nyadhikari'
filed against the Appellant and his mother.
Immediately on the pronouncement of Judgment
granting Divorce, the D.D shall be handed over to the
respondent by her Counsel,
Dated this the 3rd day of March, 2021.
Appellant Respondent
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Binu Joseph Sudhi Sebastian
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Counsel ie the Appellant Counsel for the Respondent
