Kerala High Court

Binu Joseph vs Mariamma Chacko on 29 October, 2021

IN TEE SIGR COURT OF RERAGA AT ERNASIULAN
PRESENT

TEE RONOURABLE MR. JUSTICE A.MORAMED MUSTAOUE

TRE BONOQURABLE MRS. JUSTICE SOPRY THOMAS

FRIDAY, Tee 29°" nay OF OCTOBER 2021 / TEN KARTEYRA, 1943

MAT APPEAL NO. 222 OF 2019

 

AGAINST THE ORDER /QUDGMENT IN OF LOG/2027 OF PAMILY COURT,

MAVELIREARA, ALAPPUSRA

AS PELLANTS / RESPONDERS »

 

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RIM JOSEPR, AGED 43 YEARS

S/O JOSEPH ABRANAM , MANAPRURATR BINU WILDA,
RINIVENPEROQOR F.O.MANNAR, CHENGANNUR TALI, HOW
WORKING AT INTSAT REPRESENTED BY HIS POWER OF
ATTORNEY HOLDER JOSEPR ABRABRAM. AGED 74 YEARS,
MANAPPOURATS BING VISRA, KUSTEMBRROOR P.O.MANNAR,
CRENGANNDR TALUE, ALABPUZRA .

JOSEPH ABRASAN,

AGED 74 YEARS

MANAPBURATS BINU VIGRA, RUODTEMPEROOR P.O. MANNAR.,
CHENGANNUS TALOUR, ALAPPUARA .

BY ADY TRQMAS oO. ANARBALLUNEAL

RESPONDENT (PETITIONER :

SEIS MATAIMONTAL APPEAL HAVING COME UP FOR ADNISSTON oN 28.20.8021, ALONG WITH MAT APPEAL. 1080/2018,

MARTAMMA CHACRG, AGED 32 YEARS

WYO BINU JOSEPH, ROTRERA PRENRETHIL, PERINGALILIPORANM BG, TROMACRED-889 824, PULTYOOR VILLAGE, CERNGANNUR

SALUR, ALASPISRA,. NOW SOQRERING AS STAPF NURSE, GOR Bb ATTOL HOSPITAL GA WELLINGLY REPUBLIC oF MALDIVES .

BY AOV SHI.S SHANAVAS KEAN

SAME BAY BELIVERED THE FOLLOWING:

TRS COURT ON THEE

MAT. ASPRAL NOs. £82 8 20940 OF SOL

IN YEE NIGH COURT OF EERALA AT PRNARTTAM PRESENT THE HONOURABLE MER. JUSTICE A.MUBAMED MUSTAQUE & THER ROMOURABLE MBS. JUSTICE SOPEY PROMS FRIDAY, Twe 29°" DAY OF OCTOBER 2021 / TTS KARTSTEA, 1943 MAT. APPRAL NO. 1040 OF S018 AGAINST TRE ORDSR/CUDGNENT IN OPDTV 892 /SO016 OF FAMTEY courr, MAYVELIBBARS, ALASPUREA APPELLANT /APPELLAN'T ;

BOY FOSSSH, AGED 435 FYRARS S/O. TOSEPS ARRANAN , MANSPEURS TH RIN VILA. ROETEMPERQOR FO. .MANNAR, CHENGANNUR TALUK, Now WORKING AT SALES EXECIMIVE , AGE STEEL, BOS? BOX NG. SY6S , DUBAT REPRESENTED RY RIS POWER GF ATTORNEY HOLDER JOSEPH ABRRARAM, MANAPPURATH BINU VILLA,

RUEETENPEROOR F.O.MANNAR, CRENGANSNDR TALOR, ALAPPUSHA .

BY ADV THOMAS J, ANARNALIUNEAL

RESPONDENT /RES PONDENT

MARIAMMA CHACKS AGED 32 YEARS

W/O. BINU JOSEP, BKOURRKA TREREETSIL , PERTNGALLIPURAM P.O. , THORACRAD-G82 824 , PULTYOOR VERGAGR, CRENGANNUR TALUR, ALAPPOUZHA, NOW RORKING AS STAPS NURSE, BOR AGL ATYTOL HOSEITAL GA NILLINGLY REPIBEIS OF MALOIVES

BY ADV SRI.S.SRANAVAS ERAN

SEIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION on 28.10.2021, ALONG WETH MAT APPEAL. 222/8019, PRE COURT OF THE SAME DAY DELIVERED TSE FOLLOWING:

MAT ABPPEAD NOs. 322 & 1846 OF 2079

A.Muhamed Mustanue, 3.

YheSe appeals arise from the decree and Judgment of

ead

the Family Court, Mavelikara in O.P.{Div.}) No. 893 of 3atg ; x ?

and OF Others} [email protected]@ of 2817. Parties resolved their

ation. Marriage settlement along with the

bby

dispute in med report of the mediator is attached herewith. Based on the settlement, the parties moved the Family Court,

Mavelikara with a Joint petition for divorce. With regard

to the other disputes, parties have resolved as agreed in the settlement agreement. We dispose of these appeals recording the submission. The settlement agreement will

form part of the judgment.

Saf ~ A.MUHAMED MUSTAQUE, JUDGE

Sd/-

SOPHY THOMAS, JUDGE AS

BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM

Mat. Appeal No. 1040/2019

Binu Joseph : Appellant Vs.

Mariamma Chacko : Respondent

Mat. Appeal No, 222/2019

Binu Joseph & Another : Appellants Vs.

Mariamma Chacko ; Respondent

MEDIATION SETTLEMENT AGREEMENT ENTERED INTO _BETWE EN LE PAR rE IES -- L SDE REL E 24 QF a AYE CODE OF

OF THE CODE OF FC IVIL PROCE DU RE 1908

This Mediation Agreement is emtered between:

Mr, Bina Joseph, aged 45 years, S/o. Joseph Abraham, Manamppurath Bina Villa, Kuttemperoor P.O. Mannar, Chengannur Taluk - 689623 (Hereinafter referred to as the I" party)

and

Mrs. Mariamma Chacko, Koikkal Thekkethil, Peringallipuram P.O., Thonackad, Ennakkad Village, Chengannur Taluk, Alappuzha - 689624 (Hereinafter referred to as the 2™ party).

fs.

ee i* Party on ed Party is "Agarss

Binu Joseph ~ Mariamma Chacko

The marriage between the 1% and 2™ parties was solemnized on 19/04/2000 at St. Mary's Orthodox Church, Kuttemperoor as per the rites and customs prevailing among the parties and thereafter the parties resided together as husband and wife in the house of the 1" party/husband. Two children, Binss Mariam Bina, (DOB: 17/03/2012) aged 9 42 years and Cian Jacob Binu, (DOB: 26/36/2015) aged 6 years were born out of the wedlock and they are presently under the care and custody of the 2™ party/wife.

The [* and 2°" parties were unable to live together as hasband and wife due ta differences of opinion and incompatibility and they have been hving separately since 25/10/2014. The reconciliation efforts made between the parties themselves and through their family members, friends, relatives and mediators tured to be fatile.

Meanwhile the parties had filed various petitions before the Hon'ble Family Court, Mavelikkara, details of which are given below:

a. OP (Div). No. 892/2016 before the Hon'ble Family Court, Mavelikkara for a decree for dissolution of marriage on the ground of cruelty and dissertation was filed by the 1" party/husband. The 1" party filed Mat. Appeal No. 222 of 2019 before the Hon'ble High Court of Kerala against the judgment and decree dated 22/01/2019 in the above O.P. (Div). No. 892/2016.

b. QP. No. 100/2017 before the Hon'ble Family Court, Mavelikkara for realization of gold ornaments and money from the 1% party was filed by the 2"! party/wife. The 1° party filed Mat. Appeal No. 1040 of 2019 before the Hon'ble High Court of Kerala against the judgment and decree dated 22/01/2019 in the above O.P. No. 1060/2017.

ce. M.C, No. 143/2018 before the Hon*ble Family Court, Mavelikkara for maintenance was filed by the 2" partyAvife and the same was allowed ex parte, No appeal has been filed by the 1° party/husband.

Binu Joseph

M weostag Daag Siw . o Aerala Shale Mecigtan gnc Y Gentes

ae Se Raut of

Pak Sart

May ~ GAS

4, When Mat. Appeal No. 1040 of 2019 and Mat. Appeal No. 222 of 2019 came up for hearing before the Hon'ble High Court of Kerala, the Hon'ble Court referred the matter for mediation on Q64)8/2021 to the High Court Mediation Centre, Ernakulam and was mediated by Adv. A R George, an accredited trained Mediator. Through various sessions in mediation, both the parties fmally expressed their willingness to settle the matter and expressed their willingness to file a petition for mutual divorce under section 1 OCA) of the Divorce Act, 1869 and Section 7(A) of the Family Courts Act, 1984 on the following terms and conditions:

A. Joint petition for Divorce

The parties have agreed that they will file a joint petition for divorce before the Hon'ble Family Court, Mavelikkara. The petitions and affidavit required for filing the joint petition will be signed by the parties on the date of signing of this Mediation Agreement,

B. Full and Final Settlement of Entire Money, Gold Ornaments and maintenance of 2° Party/Wife

All the claims and disputes, regarding gold, Mone:

property between the I" and 2™ parties is fully and finally settled as stated below.

¥ and

On the date of signing of this Mediation Agreement, the 1° party/husband agreed to pay the 2 Partyfwife an amount of Rs. 12,00,000/- (Rupees Twelve Lakhs only} as full and final settlement of the entire claim for gold, money, maintenance and property of the 2"? narty/wife.

1 pg rty .

2°? Party Ye

Binu Joseph Mariamma Chacko.

C. Maintenance of Minor Children

The 1° party/husband agrees to provide a monthly maintenance of Rs. 4,000/- each to the minor children, Binsa Mariam Bina, aged 9 ¥2 years and Cian Jacob Binu, aged 6 years. The above amount of maintenance will be transferred to the respective accounts of the children on or before the 10" day of every month. Details of the account fo which the above maintenance amount is to be made are given below:

a. Account Holder name: Baby Binsa Mariam Bing Account Noo 4055600105431 [ IFSC Code: KLGB0040556 Branch Name: Rerala Graineen Bank, Mavelikkara b. Account Holder name: Baby Cien Jacob Binu Account No. 4055610 1054220 IPSC Code: KLOBG040356 Branch Name: Kerala Grameen Bank, Mavelikkara In case of any default from the side of the 1% party/busband, the 2™

party/wife is free to initiate appropriate legal actions for realizing the amount,

D. Custody of the Minor Children

The 1" party/husband hereby agrees for the custody of the minor children with the 2" party/wife and equivocally consents for the permanent custody of the minor children, Binsa Mariam Binu, aged _ 9 }e years and Cian Jacob Binu, aged 6 years, with the 2° party/wife.

The 2°° party/wife agrees to provide up-to-date information to the IS party/husband regarding the name of the schoal, where the children study and their educational progress, on his request.

The parties have agreed that the 1° party/husband will have visitorial rights and overnight stays with the minor children, Binsa Mariam Binu, aged 9 4% years and Cian Jacob Binu, aged 6 years.

Por the initial 3 months of November, December 2021 and January 2022, to make the children accustomed with the presence of the 1" party/husband, every Second Saturday, the parties agree that the 1% party/husband will have visitorial rights over the children from 10 AM to 12 PM at Hotel Travancore Regency, India, Noth Mitchel function, Mavelikara - 690101 in the presence of the 2° party/wife.

Thereafter, every month (from February 2022), the parties agree that the children shall have overnight stay with the 1° party/husband, wherein the I% party shall pick up the children on the second Friday at 5 PM and drop them off on the Second Sunday at $ PM at St. George Orthodox Chruch, Thonackadu. If the 1" party/husband is unable to pick up/drop off the children on the days specified, he shall inform the same to the 2™ party to her given phone number ~ (Ph: +91 9383404122) on the previous day itself

The parties. also agree that the children shall have a video call with the IS party/husband and his relatives once in a week through WhatsApp numbers of the parties as given below:

i" partw/husband: Ph: 0097 1529298864

2™ party/wife: Ph: +91 9383404122

e 2°? Party 'A a uerin™ PUR'.

Binu Joseph Mariamma Chacko"

Karais Reais Bes

WH.

VILL

Ex.

If the 2 party/wife or the children have any inconveniences on the specific day, the matter shall be informed to the 1 party on the previous day itself. In such a circumstance, the 2° partyAvife agrees to allow the children to have overnight stay with the 1 party/husband on the following Friday to Sunday (Third Friday ip third Sunday) of that month.

In the event the I" party/husband relocates to another place or a foreign country, the parties have agreed that the conditions under clauses Hi, iv and v shall cease to operate. However, when the 1* party/hasband comes to India on leave, the above clauses shall come inte effect again.

In the event the 2° party goes abroad or in her absence, the parties agree that the permanent custody of the children will be with the family of the 2°" party/wife until such time that the 2" party can take the children with her. In such a case, the conditions regarding the overnight stay of the children with the I* party/busband (clauses ili, iv and y) shall be implemented by the following family members of the 2° party/wife: her brothers, Mr. Abraham Chacko and Mr. Varghese Chacko and her mother, Mrs. Aleyamma Chacko.

Tf the conditions as per the overnight stay of the 1% party/husband are not complied by the 2" party/wife or her family, who are defined under the above clause, the 1° party shall have the rheht to approach the concemed court to enforce his visitorial rights as per this Agreement,

The parties have also agreed that in the event the 2 party decides to take the children abroad, with her, the 1° party shall not interfere in the decision and shall fully cooperate in completing all the procedure for obtaining Passport, Visa ete. for the children, with one-month prior intimation to the 1" party.

3 ~ eh :

Party

Soy st

Binu Joseph

Mgraia State Med

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EK. it is hereby agreed that on the day of filing of the petition for mutual divorce, the 2" party/wife shall withdraw all the petitions fled against the 1" party/busband, which is pending before the Hon'ble Family Court, Mavelikkara or any other court and alse file a petition to lift the attachment of the IS party's property in O.P. No. 1060/2019 or the execution petition filed therein before the Hon'ble F amily Court, Mavelikkara.

. Both the parties hereby agreed that they have no further claims or

allegations, either civil or criminal, as against each other and their family members, with respect to movable or immovable properties, gold or diamond ornaments, patrimony, compensation, damages, past or future maintenance, alimony, claims of a Divorced wife etc. under any head, Statute or Law and both parties hereby agree that they will not file any case against each other and their family members before any Court, Authority or Forum with respect to any issue or obligation arising out of their marriage and divarce.

Both the parties agree to unconditionally withdraw all allegations made against each other in the pleadings advanced in these cases.

The 2" party/wife has no farther claims against the 1" party/busband in the status of wife as well as divorced wife and it is agreed by the 2° partyAwife that she will not raise any claim or file any case in future under the provisions of the Divorce Act, 1869 and the Protection of Women from Domestic Violence Act, 2005,

. itis further agreed by the 1" and 2" parties that this Mediation Agreement is

out of their free and voluntary will and that there is no coercion or undue influence from anyone in arriving at a mutual consent for divorce,

it is further agreed that both parties are at liberty to remarry any person of their choice and neither of the parties shall in any way interfere with the peaceful living of the other party.

2" Party

Binu Joseph Mariamma Chacko

Koraix Sate Metin

10. The 2° appellant in Mat. Appeal No. 222/2019 is only a proforma party to these cases and hence he need not be a signatory to this terms of Settlement.

In witness thereof, we have subscribed our signature on this Agreement on this the 25" day of October 2021 at Ernakulam.

Se ON,

1° Party 2" Party | aed Binu Joseph Mariamma Chacko . wan = fel ete Leg Adv. Thomas | Anakkallunkal Adv. S. Shanavas Khan Counsel for the 1* party Counsel for the 2™ party

ation Cenirs