Xxx vs Xxx
2021 Latest Caselaw 10296 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

          THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

                                   &

          THE HONOURABLE MR.JUSTICE DR.KAUSER EDAPPAGATH

     FRIDAY, THE 26TH DAY OF MARCH 2021 / 5TH CHAITHRA, 1943

                       Mat.Appeal.No.891 OF 2018

      AGAINST THE ORDER IN O.P.NO.273/2015 OF FAMILY COURT,
                          MUVATTUPUZHA
                                 ------


APPELLANT/S:


                XXX



                BY ADVS.
                SRI.MATHEW A KUZHALANADAN
                SMT.ANITHA MATHAI MUTHIRENTHY


RESPONDENT/S:


                XXX



                BY ADV. SRI.A.T.ANILKUMAR
                BY ADV. SMT.V.SHYLAJA


THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 26.03.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 Mat.Appeal.No.891/2018                2




                                 JUDGMENT

Dated this the 26th day of March 2021

A.Muhamed Mustaque, J.

This Mat. Appeal arises from the dismissal of a

divorce petition filed by the appellant under

Section 10(1)(X) of the Divorce Act, 1869. Pending

appeal, the parties were referred for mediation. In

the mediation, the parties settled all their

disputes and agreed for a divorce by mutual

consent. The report of the mediator along with the

settlement arrived at between the parties are on

board. The parties also filed a joint petition for

divorce on mutual consent.

2. We interacted with the parties through

videoconferencing. The respective counsel

identified the parties. They affirm the stand for

the separation of marriage by mutual consent.

3. The parties are living separately for a long

period. The appellant filed the divorce petition

in the year 2015.

Taking note of the above aspect, we waive the

cooling off period. In the light of the mutual

consent, we dissolve the marriage between the

appellant and the respondent solemnized on

12.9.2004 by a decree of divorce. The mediation

settlement agreement will form part of the

judgment. The parties shall follow the settlement

agreement in regard to the other terms in the

agreement entered into between them. The

Mat.Appeal is disposed of accordingly.

We direct the Registry to mask the name of the

parties when uploading the judgment in the

CIS/Online. All pending interlocutory applications,

if any, are closed.

Sd/-

A.MUHAMED MUSTAQUE

JUDGE

Sd/-

                                          DR. KAUSER EDAPPAGATH

                                                       JUDGE

    ln





        XXX                     : Appellant/Petitioner


        XXX                      : Respondent/Respondent

MEMORANDUM OF AGREEMENT UNDER SECTION 89 OF THE CODE OF CIVIL PROCEDURE READ WITH RULES 24 AND 25 OF THE KERALA CIVIL PROCEDURE (MEDIATION) RULES, 2008.

Both the parties hereby agree to settle the disputes between them on the following terms:

1. Both the appellant XXX and respondent XXX agreed to live as divorced wife and divorced husband and has agreed to file Petition for mutual divorce under Section 10A of the Divorce Act, 1869 before the Honourable High Court of Kerala.

2. The appellant XXX agreed to withdraw (1) M.C.54/2019 of Family Court, Muvattupuzha and (2) OP 414/2019 of Family Court, Muvattupuzha filed against the respondent XXX and his relatives immediately after the decree of divorce.

3. The appellant XXX has agreed to permit the respondent XXX to interact with their daughter XXX on 1 st and 3rd Saturdays of every month at Muvattupuzha between 2 PM to 5 PM.

4. The appellant XXX has agreed to withdraw all cases mentioned in paragraph (2) above, immediately after the decree of divorce.

5. The respondent XXX has agreed to pay an amount of Rs.10,000/- per month on or before 10 th day of every English calendar month in the account of his daughter XXX until she earns herself.

6. The respondent further XXX agreed that he shall pay an amount of Rs.5,00,000/- (Rupees five lakhs only) towards marriage expenses of his daughter XXX at the time of her marriage.

7. Both parties agreed that all the disputes and differences of matrimonial and connected issues hereby fully and finally settled between the parties.

8. On fulfillment of the above terms and conditions, the parties shall have no further claims or complaints against each other and their relatives arising out of the marital relationship.

In view of the aforesaid terms and conditions of this agreement, both the parties agreed to pay that the Honourable High Court of Kerala to dispose of the above case.

Dated this the 17th day of March, 2021.

        Sd/-                                       Sd/-

  APPELLANT                                   RESPONDENT

  XXX                                            XXX

  Counsel for the appellant          Counsel for the respondent