Kerala High Court
Judgment vs Sunil S on 31 March, 2021
IN TEE EIGE COI'RT OF KERAI,A AT ERNAICT'I,AI{
PRESEIIT
TEE EONOURABLE MR. iN'STICE T.V.A}IILKUI4AR
I{EDNESDAY, TEE 31ST DAY OF MARCH 2O2L / 1OTH CEATTERA, Lg43
Tr.P(C).No.29 OF 2021
op 35/2021 OF FAtdILy COIIRT,ERNAKUT.A!,I
PET I TIONERS,/ RE S PONDETiIT S :
KART'NAISRA MENON
AGED 70 YEARS , S/O LATE RAIIAIRISENA PAIIICKER,
KALATEIL, S L PT'RAM. P O, CBERTEAI,A,
AT.APPUZEA, PIN-699523.
JAYASREE
AGED 65 YE.ARS
?T/O KART'NAKRA MENON, KAI.ATETL, S L PT'RAII{. P O,
CEERTEAIA, ArAppuzEA, prN-699523.
BY ADVS.
SRI.S.GOPAICU}'AR
SI'f,. T.M. BINITEA
RE S PONDEIiIT / PET I T IONER :
sttNrL s.
AGED 43 YE.ARS
s/o soMAstnfDARA PAI{ICKER, SSIATEY (POTTATEI),
CEAICRAPAIIT r,Al{E' ERooR NORTE P o, TERTPINTTEIIRA,
ERNAIUI,AM- 682306 .
BY ADV. SRI . P. SAri[iIAY
BY ADV. SMT.A.PARVATET MENON
BY ADV. SRI.BIiN' MEENATTOOR
BY ADV. SRI.PAUL VARGEESE (PALLATE)
BY ADV. SRI.P.A.}PEAI{MED ASI.AII{
BY ADV. SRT.KIRAI{ NARAYA}IA}I
BY ADV. SERI.RAEIIL RAnt P.
BY ADV. SlM . DIiE . K. DASAII
BY ADV. SERI.PRASOON SI'NIIY
TEIS TRANSFER PETTTION (CTVTL) EAVTNG BEE}T FTNAILY
EEJARD ON 31 .03 .2O2L, TEE COI'RT ON TEE SEME DAY PASSED TEE
FOLLO9IING:
Tr.P. (C)No .29 of 2OZL
:-2-:
Dated this the 31't day of March, 2O2L
.JUDGMENT
The petitioners
in this transfer petition
sought transfer of o, p.No.35/zo2rt in which they
are the respondents, from the Family court,
Ernakul-am to Family CourL, Alappuzha . The
respondent appeared and fil_ed a counter opposing
transfer.
z. However, during the pendency of the
proceedlngs, parties entered into a compromise and
executed a memorandum of agreement. dated 16.3.202r.
As per the agreement, the respondent has no
objection to o.p.No.35/202r being transferred. to
Family court, Alappuzha, from the fir-es of Famiry
Court , E rna kul_ am .
rn the result, transfer petiti-on is disposed of
j-n terms of consensus arrived at between parties in
the compromi-se agreement. The Famiry court,
Ernakulam, is directed to transf er al-l_ the records
Tr.P. (C)No.29 of 2O2L
.
-?-.
to Family court, Arappuzha and the transferee court
on receipt of the records shal-l- issue notice to
parti-es requiring their appearance and finalry
di-spose of O.P,No.35/202I, wiLhin a period of six
months from the date of production of j udgment
before that court.
The terms and conditions agreed to between
parties as to the interim custody of the chird, are
hereby accepted and recorded, ft is directed that
the agreement shall be abided by parti-es and in
case of breach thereof, the same shall- be
impJ-emented by the transferee Family court. The
memorandum of agreement dated 16.3 .202r will form
part of this judgment.
A11 pending lnterl_ocutory appfications are
closed.
sd/-
T . V. A}IILKT'}'IAR
,lt DGE
am:-/
A-
BEFORE THE HONOURABLE HIGH COURT OF
KERALA AT ERNAKULAM
Tr.P(C). No.2912021
Karunakara Menon & Another : Petitioners
Vs.
Sunil S : Respondent
MEMORANDUM OF AGREEMENT UNDER SECTION 89 OF THE
CODE OF CIVIL PROCEDURE READ WITH RULES 24 & 25 OF
THE KERALA CIVIL PROCEDURE (MEDIATION), RULES, 2OO8:
Both parties have agreed to settle the above case as follows:
1. Both parties have no objection in transferring
OP.No.35l202L of the Family Court, Ernakulam- to Family Court,
Alappuzha.
2. Both parties have agreed that the petitioner in
OP.No.35l202L will have the custody of the Minor Child
chaithanya.s (D.o. B-2r/oLr2oL1, l\dhaar No.460552613069) on atl
second and Fourth saturdays of every month from g.00 a.m to
6.00 p.m of ensuing Sunday.
3. In addition to the above the petitioner in Op.No.35/2021
shall have custody of the minor child for a week in April and May,
starting from Second Saturday till the next Saturday evening
6.00 p.m,
W- fr* u
- ;nciliatiorrl Cbnthi f ,: l r r,"
, ,'r., .-uirti <,f ifufah i''era,u;[fu]'
Kochi- 6gpi03f82 U31 Sfr-'
4. Petitioner in OP.No.3 5/2021 shall take the custody of the
Minor child from the house of the Respondents and shall return to
the same place.
5. The above arrangement will start from this month and
will be only an interim one for the time being.
6. Both parties have agreed to pray the Hon'ble High court
of Kerala to direct the Court below to decide the matter on merits.
Dated this the 16th day of March, ZOZL.
Petitioners Respondent
1. Karunakara Menon
W sunil.s (L
2. Jayasree
Petitioner Counse
Wr and clnciflafnlcTlra
Kerrla shte Mediation
Hich
. y,',
.
-b
VERIFICATION
we, the parties above named, do hereby solemnly state and
declare that what is contained in paragraphs 1 to 6 are true to the
best of our knowledge, information and belief.
Petitioners Respondent
n lll
1. Karunakara Menon Sunil.S Vl
2. Jayasree,
( "%
Tr.P. (C)No .29 of 202L
: -?-:
APPENDTX
PETITTONERS' E]GIBTTS:
A}iINEXURE-A1 TRI'E COPY OF TEE OP NO .35/2L FILED BY
TEE RESPOIIDEIIT BEFORE TEE FAI4ILY COI'RT,
ERNAI(T'I,AM.
AI{NE:XURE-A2 TRI'E COPY OF IA NO. 27/202L IN OP
NO.35/2021 FrLED By TEE RESpO
