Citation : 2022 Latest Caselaw 9519 Ker
Judgement Date : 25 August, 2022
IN TRE BIGH COURT OF KERALA AT ERNARITLAM PRESENT THE RONQURABLE MR. JUSTICE A.MUBAMED MOSTAQUE & TRE HONGQURABLE MBS. JUSTICE SOPRY THOMAS THURSDAY, THE 25°" HAY GF AUGUST 2622 / SRD BRADRA, 1944 MAT. APPEAL NO. 486 OF 20189 AGAINST THE GQRDOER/TUDGMENT IN GOR B78 /S016 OF FAMIRY COURT , THRT SUR APPELLANT /S - BRINDA, AGED 31 YEARS, D/O. LATE BEASEARAN, SRIRAJAPRASTRA HOUSE, MYTHRI NAGAR, BATTINCRIRA, THIROVILWAMALA F.O., TALAPPILLY TALUR, SHERISSUR~SSOS. BY AOS . SRI. SANTRSEP ANKRARATR SKY . PB . DAYALARSEMT RESPONDENT JS : FPRADERPRUMAR, AGED 37 YEARS, 8/O.KRISSNAN, MELEVEEOU, CHALLUFADT, MUDAPPALLOOR AMSOM, P.Q., ARLATHOGOR TALUR, VADAKREUMCHEREY, PALARRAD DISTRICY, BPIN-G78765 . BY ANY SRI.P.R. NIGOY (CAVEAPOR) TRIS NATRIMONTAL APPEAL HEAVING BEEN FINALLY BEARD oN 25.08.2028, THE COURT ON THE SAME DAY DELIVERED var FOLLOWING : buh Mat Appeal No. 486/20 18 JUDGMENT
A. Muhamed Mustaque, 7.
This appeal has been preferred by the respondent in GOP No.87s/2816 on the file of the Family Court, Thrissur. Pending gppeal, the parties were referred for mediation, in the mediation, the parties settled their disputes. As per the settlement, both parties agreed to invoke 138 of the Hindu Marriage Act to dissolve their marriage. If such an application is filed before the Family Court, the Family Court, dispensing with the statutory cooling off period, shall dispese of the same, in consideration of the settlement and in the light of the fact that they have been laving separately for more than the last several years. We dispose of this appeal, recording the settlement. The
settlement agreement shall form part of the judgment.
Sd /~ &.MORAMED NUSTAQUE JORGE
Sd f~ SOPEY THOMAS JUDGES
In
BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM
Mat Appeal No. 486 of 2018 Brindha Appellant Vs. | Pradeedpkumar ; Respondent
MEMORANDUM OF AGREEMENT UNDER SECTION 8&9 OF THE CODE OF CIVIL PROCEDURE READ WITH RULES 24 & 25 OF THE KERALA CIVIL PROCEDURE (MEDIATION), RULES, 2008:
s ESSes
The parties have resolved to settle their disputes involved in the above matter as follows:
1. Both parties agree for divorce by mutual cansent to be filed under 13B with petition to dispense with six months waiting period in the month of August 2022. In the view of the same Mat.Appeal No.486/2018 and Divorce OP.No.345/2020 pending before the Family Court, Palakkad can be closed.
& 2. Both parties have agreed to continue the order in GOP.No.878/2016 of Family Court, Thrissur regarding custody of child. Both parties have decided to change
venue for the custody of child from Thrissur Family Court to Palakkad Family Court.
3. Both the parties have agreed to continue the order in MC.No.49/2016 of Family Court, Thrissur regarding the maintenance of child, .
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4. Both parties have agreed that Respondent shall deposit maintenance amount in the Bank Account of Appellant maintained in the Kerala Gramin Bank from the date of filing Joint Divorce Petition. Until then regular maintenance shall be deposited In the Court.
5. Both parties have agreed that Respondent will handover the receipt of Fixed Deposit in the South Indian Bank, Mudappallur Branch to the Appellant and to close
joint Locker in the same Bank, and handover receipts of LIC Policies.
6. Both parties have agreed that Respondent will hand over all house hold utensils and documents of Appellant at the time of filing foint Petition for Divorce.
7. Appellant has not raised any further claims and all the disputes between the parties is settled once and for all.
Dated this the 27th day of July, 2022.
Appellant Respondent srirtiva Pradeepkumar Ss chee A _
- oe ° 7 = Counsel for RS Jemgfers
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