Kerala High Court

Qs-2019 Of Pamily Court vs Aravind Cletus on 3 March, 2021

 

IN TSE HIGH COURT OF RERALA AT ERNMARTTAM

PRESENT

SHR HONOURABLE MR. JUSTICE A NUBAMED MUSTAQUE

&

THE HONOURABLE MR.JUSTICR DR. KRAUSER EDAPEAGATH

WEONESDAY, TRE O3RD DAY OF MARCH 2934 f (2TH PRALGUNA,

L8a2

Mat. Appeal Ne. 229 OF S075

AGAINST THE ORDERS IUDGMENT IN opoTy L339 /2018 DATED o9-

APPELLANT :

QS-2019 OF PAMILY COURT, KOLLAM

BUPA GUSERPH JORANNAN, D/O. CUSEPH JOBARNAR ,
RESTOING AT G.06, DREAM FLOWER, MON PARADIS ,
PIPELINE ROAD, BERIND CUSAT, sours
RALANASSERY, COCRIN-§82021, OF CHOICE Pape
MANOR~1, ELAMARKARA, EKALGOR, COCHIN, ERNARULAM
» NOW RESTOING AY 73204, DEBLLAPOR? ORIVE ,
MISSISSAUGA, ONTARIC, CANADA. REPRESENTED py
HER MOTHER, POWER OF ~A-TTORNEY BOLDER,

MRS .SOBRA OUSEPH, AGED §5 YEARS, W/O. OUSSPH
JORANNAN, RESIDING AT MUPPARAYT?. HOUSE, CHOICE
PARR MANOR~1, ELAMARRARA, KALOOR, COCHIN,
ERNARULAN |

NOW RESIDING AT 7304, DELLAPOR? DRIVE .
MISSISSAUGA, ONTARIO, CANADA REPRESENTED ay
SER MOTHER BOWER OF ATTORNEY BOLDER,

MRS .SOUBEA OUSEPS JOMANNAN RESIDING ar
MUPPARAYIL HOUSE, CHOICE PARK MANOR~1 ,
ELAMARRARA, RALOOR, COCHIN, ERRNAKOTAN.
PRESENTLY AT Al MAOUIL COMPOUND, KING SAUD BIN
ABDUL AZIZ ST, 28TH Cross, DAMMAM, SOUDE
ARARTIA.

SY ADS ,
SRI... SANJAY
SHYT .A.PARVATRE MENON

 

 
 

 

Mat. Appeal .No.229 OF 70236

RESPONDENT :

ARAVIND CLETUS, AGED 32 YEARS, 8/0 CLETUS
AUSTIN, RESIDING AY NAVORES, TSUMPARA NAGAR,
MUNDAKRAL EAST, KOLLAM, REPRESENTED prronos
POWER OF ATTORNEY BOLDER, NS. pEreres CLETUS ,
W/O CLETUS AUSTIN,

RESIDING AT NAVDEEP, TSUMPARA NAGAR,
MUNDARRAL BAST, ROTLAM.

Ri BY ADV. SMT .LATHA ANAND
Ri BY ADV. SRI.M.N.RADHARRISENA MENON
Rl BY ADY. SRI.S. VISSNT {ARTRRATEIL

THIS MATRIMONIAL APPEAL SAVING COME OP FoR ADOMTSS TON
ON 03.03.2021, THE COURT ON TEE SAME nay DELIVERED THE
FOLLOWING :

 

 
 

 

Mat. Appeal .No.229 GF 2070

JUDGMENT

Dated this the 3rd day of March 302141

&.Muhamed Mustaque, 3

This Mat. Appeal was fjled by Rupa Ouseph Johannan challenging the arder disselving the marriage with the respondent in O.P. No.1339 of S018 en the file of the Family Court, Kollam. Panding this appeal, the parties have decided to dissolve the marclage oan mutual consent. Accordingly, a joint petition has been filed before this court. Separate affidavit has been sworn tea by the appellant through the power of attorney holder. The

respondent also sworn to an affidavit.

2. We interacted with the parties through anline. The parties have been identified by their respective counsel. They have affirmed their stand to dissolve their marriage by mutual consent. tn the Tight of the fact that more than three years have lapsed since the Institutian of the original

petition before the Family Court, we also deem jt

Fit to waive the statutory period te grant such

Mat.Appeal.No.229 OF 2O7D

ee Shes

decree of divorce on metual comsent.

$3. The parties were referred for mediation. & settlement agreament was filed pursuant ta the settlement arrived at in mediation. The agreement

78 on board.

4. In the Tight of the facts and circumstances, we hereby dissolve the marriage solemnized between the appellant and the respondent on 93.03.2017 qn accordance with the mutual consent. The arder of divorce granted by the Family court will stand superseded by this order. The appeal 7s disposed of as above. The settlement agreement will form part of the judgment.

Sd/f-

A.MUHAMED MUSTAQGUE JUDGE

Sd /-

KRAUSER EDAPPAGATH JUDGE

ERNARKRULAM MEDIATION CENTRE (HIGH COURT HALL)

2% floar, above SRL, pees at bollding. Ernakolam. Kochi ~31 eh DAR 4250222 © EMC/Reg. No Bae

ox i a o ek he Dated: & A fg oe

The Nodal Officer,

High Court Mediation Centre, To

The Registrar (Judicial), -

High Court of Kerala,

Ermakwam

ts a

Subi-Mediation of referred cases- Reg.

x = Yor . Sie fy Le Ref Referral Grider in. 7.

i dated ...23

Hdsedy BE LCO A of the Hon'ble High Court ef Kerala,

eR Re

Boe ee?

The report of the Mediator in the matter along with the enclosnres is Huvushed NS herewith for information and necess APY aclian, wees . .

"Wodal Officer Ernakulam Mediation Centre

Enck- 1. Report of the Merister, Seriem rent : Agreement.

f f ." ~ ne gen xe 4

2. Copy of referral order dated , 2, SpE y 24" of the High Court of Kerala.

3. Capy of Petition.

BEFORE THE HONOURABLE HIGH CODRT OF KERALAAT ERNAKULAM

Mat Appeal No.229/2026

Rupa Ouseph Johannan : Appellant Represented by her mother power of attomey holder, Mrs.Sobha Ouseph

Vs.

Arvind Cletus > Respondent

REPORT SUBMITTED BY THE MEDIATOR ADV. A.J. JOSE

Mediated and the matter is settlect,

Terms and conditions of settlement is attached herewith.

Dated this the 7° day of January, 2021

"oN

x '

Adv. AJ. Jose Mediator Ernakulam Mediation Centre

BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM

Mat Appeal No.229/2020

Rupa Ouse) sh Johenman > Appellant Represe ented by her mother power 0 fatramey holder, Mrs. Sobha Ouseph

Vs.

Arvind Cletus - Respondent

MEDIATED SETTLEMENT AGREEMENT

{Under Rales 24 and 25 of the Kerala Civil Praredure Mediation Rules, 2008}

Both parties have decided to settle their disputes on the following term

and) CONCHONS:

1. Appellant (Rupa Quseph Johannan) and the respondent (Arvind Cletus}

have agreed to file a joint petition for divorce under Sec.10 A of the

Divorce Act, 1896 before the Honourable Hish Court of Kerala within three manths from the date of signing this settlement agreement by all

ey wee pee Deayers fe veyed the parthes involved,

SRURZESES 198

aw e

ellant's mother, Mrs.Soubha Ouseph alias Sobha Quseph has agreed

te withdraw Cri MP No, 169/19 and M.C No.1/19 which she has filed under Protection of Women from Domestic Violence Act, 2005 against the respondent, his parents and his bather befereé the Judicial First Class Magistrate Court-ll, Abiva unconditionally. Appellant's mother Mrs Soubha Ouseph alias Sobha Ouseph has also agreed to take steps to

withdraw domestic violence praceedings within two weeks from the date

of appellant and respondent filing the joint divorce petition before the Honourable High Court of Kerala,

Respondent (Arvind Cletus} has agreed to withdraw the contentions

Birt in OPCDA} 1330/2018 under Sec 161) €X) of the

PAMSEC

Devarce Act on the file of the Family Court, Kollam.

\ppellant (Rupa Ouseph Johannan) has agreed to surrender the key of the locker (No. 1506003J032) and SB Account No. 1506172000001370

ih the Karur Vysyva Bank, Kollam( Locker is empty} to the Manager af the said) Bank through her mother, Mrs.Soubha Ouseph alias Sobhe Quseph or by appellant herself and complete the procedures necessary for the closure of the account and the locker on or before March, 2001,

Respondent has agreed to co-operate for the closure of the account and

the locker.

Both the appellant and respondent of this matrimonial appeal agreed to

pray before this Honourable Court to past this appeal when moved again for recording this settlernent agreement, tll the terms and conditions of

this settlement agreement are fully conyplied by both the parties.

6& Appellant agreed that she has no claim by way of maintenance or any

other relied as against the respandent,

mafual claims and rights in all movables Including the gold ornaments.

8S. No further claims whatsoever against each other to be claimed in the

fusure by Goth parties.

ptttetPEsesy ECE tg

nather af the appellant, Mrs.Saubha Quseph alias Sobha